Compliments of 


PETER J. HENRY, CLERK 


The Municipal Court of Cleveland 


THE MUNICIPAL COURT 
OF CLEVELAND 


Laws and Rules 


Revised to January 1, 1924 


THE LIBRARY 


OF THE 
REIVERNITY AE IbbINAIS 


Compiled by Peter J. Henry, Clerk 


The Municipal Court of Cleveland 


Personnel 


JOHN PO DEMPSEY, 
Chief Justice. 


WILLIAM B. BEEBE, 
OSCAR C. BELL, 
ALVA ReCORLETIT: 
THOMAS E. GREENE, 
MARY B. GROSSMAN, 
BRADLEY HULL, 
DAVID MOYLAN, 
STANLEY L. ORR, 
JOSEPH F. SAWICKI, 
CHARLES L. SELZER, 
SAMUEL H. SILBERT, 
LEE E. SKEEL, 
FRANK L. STEVENS, 
MARTIN L. SWEENEY, 
VIRGIL J LERRELIo 


PETER HENRY Giles 
J. MARTIN THUMM, Bailiff. 


WHO FS” 


2 


The Municipal Court of Cleveland 
LAWS AND RULES 


Sec. 1579-1. § 1. That there shall be, and hereby is, 
established in and for the city of Cleveland, a municipal 
court, which shall be a court of record and shall be styled “the 
municipal court of Cleveland,’ hereinafter designated and 
referred to as the, municipal court. 


Sec. 1579-2. § 2. The municipal court shall consist of 
ten judges, one of whom shall be chief justice and all of whom 
shall at the time of their election be qualified electors and 
residents of the city of Cleveland and shall have been ad- 
mitted to the practice of law at least five years. Provided, 
however, that at the regular municipal election in 1923 six 
additional judges shall be elected to the municipal court 
and thereafter said municipal court shall consist of sixteen 
judges. 


Sec. 1579-3. §:3. Judges of the municipal court shall 
receive such compensation, payable out of the treasury of 
Cuyahoga county not less than two thousand five hundred 
dollars per annum, as the county commissioners may pre- 
scribe, and such further compensation, not less than two 
thousand dollars per annum payable in monthly installments 
out of the treasury of the city of Cleveland, as the council 
may prescribe. 


The chief justice who shall be separately nominated and 
elected as such, shall receive such compensation, payable out 
of the treasury of Cuyahoga county, not less than two thou- 
sand five hundred dollars per annum as the county commis- 
sioners may prescribe, and such further compensation, not 
less than two thousand five hundred dollars per annum, pay- 
able in monthly installments out of the treasury of the city 
of Cleveland as the council may prescribe. 


The vacation of the respective judges of the municipal 
court shall not exceed sixty days during each year, and shall 
be at such times as fixed by the chief justice, and at least four 
judges shall be in attendance at all times. 


- 08546 


Municipal court 
of Cleveland, 
establishment of 


Number of 
judges and quali- 
fications. 


Compensation. 


Nomination and 
election of chief 
justice. 


Vacations of 
judges. 


THE MUNICIPAL COURT OF CLEVELAND 


Sec. 1579-4. § 4. The judges of the municipal court 
shall be subject to the same disabilities and may be removed 
from office for the same causes and in the same manner as a 
judge of the court of common pleas. 


Sec. 1579-5. $5. The judges of the municipal court, in- 
cluding the chief justice, shall be nominated by petition. 
Such petition shall be signed by at least twenty-five hundred 
electors of the city of Cleveland. It shall be in the general 
form and shall be signed, verified and filed in the manner 
and within the time required by law for nominating petitions 
of other nominees for public office in the city of Cleveland. 
And they shall be elected by the electors of the city of Cleve- 
land in the manner provided by law for the election of judges 
of the court of common pleas. The six additional judges 
provided for in this act shall be elected at the regular mu- 
nicipal election of 1923. Two of said additional judges shall 
be elected for a period of two years, two for four years and 
two for six years. At ‘the regular municipal election next 
preceding the expiration of the term of office of each judge a 
successor shall be elected for a term of six years. The term 
of office of each judge shall commence on the first day of 
January next after his election and he shall hold office until 
his successor is elected and qualified. 


Sec. 1579-6. § 6. The municipal court shall have original 
civil jurisdiction within the limits of the city of Cleveland 
in the following cases: 


1. In all actions and proceedings of which justices of 
the peace have or may be given jurisdiction. 


2. In all actions and proceedings at law for the recovery 
of money or personal property of which the courts of com- 
mon pleas of the county of Cuyahoga have or may be given 
jurisdiction, when the amount claimed by any party, or the 
appraised value of the personal property sought to be re- 
covered, does not exceed twenty-five hundred dollars, and 
in such actions judgment may be rendered for an amount 
over twenty-five hundred dollars when the excess over 
twenty-five hundred dollars shall consist of interest or dam- 
ages, or costs accrued after the commencement of the action. 


THE MUNICIPAL COURT OF CLEVELAND 5 


ee ee 


3. In all actions on contracts, express or implied in law 
or in fact, when the amount claimed by the plaintiff does not 
exceed twenty-five hundred dollars, and in such actions judg- 
ment may be rendered for over twenty-five hundred dollars 
when the excess over twenty-five hundred dollars shall con- 
sist of interest or damages or costs accrued after the com- 
mencement of the action. When a cause arising out of 
contract. is pending in the municipal court and the ends of 
justice demand that an account be taken or that the contract 
or contracts, be reformed or cancelled, the municipal court 
shall have jurisdiction to decree such accounting, reforma- 
tion, or cancellation. 


4. In all actions and proceedings whether legal or 
equitable, to enforce the collection of its own judgments. 


5. In all actions and proceedings for the sale of per- 
sonal property under a chattel mortgage, lien or other charge 
or encumbrance, irrespective of amount, and for the fore- 
closure and marshaling of all liens thereon, and the render- 
ing of personal judgment therein, irrespective of amount, in 
favor of any party. 


6. In all actions and proceedings for the sale of real 
property under the lien of a judgment of the municipal court, 
or a lien thereon for machinery, material or fuel furnished 
or labor performed irrespective of amount, and in such cases 
the court may proceed to foreclose and marshal all liens , 
thereon, and all rights vested or contingent, therein, and to 
render personal judgment irrespective of amount in favor 
of any party. 


7. In all actions and proceedings in the nature of cred- 
itors’ bills, and in aid of execution to subject the interest of a 
judgment debtor in real or personal property to the payment 
of a judgment of the municipal court. 


8. In all actions and proceedings in the nature of inter- 
pleader. 


\ 


9. In all actions for the foreclosure of a mortgage on 
real property given to secure the payment of money, the 
enforcement of a specific lien for money or other encum- 


THE. MUNICIPAL COURT OF CLEVELAND 


mortgage on real 


brance or charge on real property, when the amount claimed 
by the plaintiff does not exceed twenty-five hundred dollars 
and the real property is situated within the limits of the 
city of Cleveland, and in such cases the court may proceed 
to ‘foreclose all liens thereon and all rights vested and con- 
tingent therein and proceed to render such judgments, and 
make such findings and orders, between the parties, in the 
same manner and to the same extent as in like cases in the 
court of common pleas. 


10. In all actions for the recovery of real property sit- 
uated within the city of Cleveland to the same extent as 
courts of common pleas may now or hereafter be given juris- 
diction. 


Sec. 1579-7. § 7. The municipal court shall have juris- 
diction within the limits of the county of Cuyahoga: 


1. To compel attendance of witnesses in any pending | 
action or proceeding. 


2. To issue execution on its own judgments. 


3. In all actions and proceedings whether legal or 
equitable, to enforce the collection of its own judgments. 


4. In all actions and proceedings in the nature of cred- 
itors’ bills, and in aid of execution to subject the interests of 
a judgment debtor in real or personal property to the pay- 
ment of a judgment of the municipal court and in such cases 
the court may proceed to marshal and foreclose liens thereon 
irrespective of amount, and all rights, vested or contingent, 
therein. 


5. In all actions and proceedings where one or more de- 
fendants reside or are served with summons in the city of 


Cleveland. 


6. ‘To issue and enforce orders of attachment in all 
cases in which the defendant is a resident of the city of 
Cleveland. 


THE MUNICIPAL COURT OF CLEVELAND 


See. 1579-8. § 8. In any action or proceeding of which 
the municipal court has jurisdiction of the subject matter, 
when the defendant, or some one of the defendants resides 
or is served with summons in the city of Cleveland, the mu- 
nicipal court shall have jurisdiction, and summons, orders of 
interpleader and all other writs and mesne and final process, 
including executions, necessary or proper for the complete 
adjudication of the issues and determination of the action 
may be issued to the sheriff of any county against one or 
more of the parties. 


Sec. 1579-9. § 9. Whenever an action or proceeding is 
properly brought in the municipal court, the court shall have 
jurisdiction to determine, preserve and enforce all rights in- 
volved therein, and to hear and determine all legal and equit- 
able remedies necessary or proper for a complete determina- 
tion of the rights of the parties. 


pec. 1579-10. -§ 10. The municipal court shall have 
appellate civil jurisdiction from a court-of a justice of the 
peace in the following cases: 


1. In all actions and proceedings heard and determined 
in a court of a justice of the peace in and for the township 
of Cleveland in the county of. Cuyahoga. 


2. In all actions and proceedings against a resident of 
the city of Cleveland, heard and determined in a court of a 
justice of the peace in and for any township in the county 
of Cuyahoga other than Cleveland township. 


Sec. 1579-11. $11. Inall causes the municipal court shall 
have jurisdiction in every ancillary and supplemental pro- 
ceeding, before and after judgment, including attachment of 
person or property, arrest before judgment, interpleader, 
aid of execution, trial of the right of property, revivor of 
judgment and the appointment of a receiver, for which au- 
thority is now, or may hereafter be, conferred upon the court 
of common pleas, or a judge thereof, or upon justices of the 
peace. In addition the plaintiff shall have an order of at- 
tachment against the property of the defendant in any civil 
action of which the municipal court has jurisdiction for the 
grounds enumerated in section 10253 and in the manner’ pro- 
vided by section 10263 of the General Code of Ohio. 


Issue and service 
of summons, 
writs and process 
when one or some 
one of defendants 
reside in city. 


Further jurisdic- 
tion, 


Appellate civil 
jurisdiction. 


Jurisdiction in 
ancillary and 
supplemental 
proceedings. 


8 


THE MUNICIPAL COURT OF CLEVELAND 


OOO EE —————————————————————— el 


Jurisdiction in 
all misdemean- 
ors, etc. 


Jurisdiction of 
bastardy and 
other quasi- 
criminal actions, 


Further jurisdic- 
tion. 


When amount 
due exceeds cer- 
tain sum. 


When appraised 
value exceeds 
$2,500. 


sec. 1579-12. § 12. The municipal court shail have 
jurisdiction of all misdemeanors and of all violations of city 
ordinances of which police courts in municipalities now have 
or may hereafter be given jurisdiction. In felonies the 
municipal court shall have the powers which police courts 
in municipalities now have or may hereafter be given. 


sec? 1579-13 $413) >The mtinicipalecourtesiare uaye 
jurisdiction of all bastardy and other quasi-criminal actions 
and proceedings of which a court of a justice of the peace 
now has or may hereafter be given jurisdiction; and in all 
such actions the practice and procedure and the powers of the 
court in relation thereto shall be the same as those which are 
now or may hereafter be possessed by a court of a justice 
of the peace. : 


Sec. 1579-14. §$ 14. In the actions and proceedings of 
which the municipal court has jurisdiction, all laws confer- 
ring jurisdiction upon a court of common pleas, a police 
court or a justice of the peace, givinowsuch! courte onsoincer 
power to hear and determine such causes, prescribing the 
force and effect of their judgments, orders or decrees, and 
autnoOrizine “or “directing: stem conc CULO leNOtemC I EOnee amici 
thereof, shall be held to extend to the municipal court, unless 
inconsistent with this act or plainly inapplicable. 


Sec. 1579-15. § 15. When the amount due to either party 
exceeds the sum for which the municipal court is authorized 
to enter judgment, such party may remit the excess, and 
judgment be entered for the residue. A defendant need not 
remit such excess, and may withhold setting it off, a recov- 
ery for the amount set off and allowed, or any part of it, 
shall not be a bar to his subsequent action for the amount 
withheld. 


ec. 1579-16. °§-16. ‘Whenever the appraised value oi 
property sought to be recovered in any action in the mu- 
nicipal court exceeds twenty-five hundred dollars, the judge 
of the municipal court shall certify the proceedings in the 
case to the court of common pleas of Cuyahoga county, and 
thereupon the clerk of the municipal court shall file the orig- 
inal papers and pleadings, together with a certified transcript 


w 


THE MUNICIPAL COURT OF CLEVELAND 9 


ee ee nn nnn nnn nnn ener eeere renee SY 


of the docket and journal entries in the case, in the office 
of the clesk of said court of common pleas. The bailiff 
shall deliver the property in his possession to the sheriff of 
Cuyahoga county, to be by him held as in like cases originat- 
ing in the court of common pleas, and the case shall then be 
proceeded with in said court as though originating therein. 
All appraisals of property sought to be recovered in any 
action in the municipal court shall be made in the manner 
hereinafter provided. 


> 


Sec. 1579-17. § 17. In any action or proceeding the value Foe, Tee 
of the property may be ascertained by the oath of two disin- _ tained. 
terested householders of Cuyahoga county when the property 
appraised consists of personalty, and shall be ascertained by 
the oath of two disinterested resident householders of Cuya- 
hoga county when the property appraised consists of real 


estate. 


mec, 10/9-16. $18) In. any action in a’court of a justice 
of the peace which is appealable to the municipal court any 
party thereto may file with said justice, within five days 
after the rendition of a judgment or the making of a final 
order therein, a notice in writing that he desires to appeal 
from said judgment or final order to the,municipal court, 
and forthwith all further proceedings in such action in the 
court of the justice of the peace shall cease, and the appeal 
shall be considered as perfected, and the appellant shall not 
be required to file bond. Said justice shall thereupon im- 
mediately transmit to the clerk of the municipal court all 
papers in said action, a transcript of his docket showing the 
proceedings and the costs of his court, and any moneys held 
by him in the action and the justice shall order the constable 
to turn over any property held by him in the action to the 
bailiff of the municipal court to be by him held as in like 
cases originating in the municipal court. The clerk of the 
municipal court shall thereupon notify the appellee of the 
appeal of said cause. 


Appeal from jus- 
tice of peace to 
municipal court 
procedure. 


1. When a cause is appealed the statement of claim of 
the plaintiff shall be filed in the municipal court on or before . 
the tenth day from the rendition of the judgment appealed 
from, except that upon good cause shown, the time for filing 


10 


THE MUNICIPAL COURT OF CLEVELAND 


Commencement 
of actions, 


Service, return 
and publication. 


the statement of claim may be extended for such reasonable 
time as the court shall order. : 


2.’ When a statement of defense is required the time 
for filing the same shall be fixed by rule of court not less 
than ten days after the notice of appeal was filed with a 
justice of the peace. The case must then proceed as if it 
had been commenced in the municipal court. 

Sec. 1579-19. § 19. Civil action and proceedings in the 
municipal court shall be commenced by summons or writ, the 
form of which shall be prescribed by rule of court, except 
as herein otherwise provided. An action or proceeding shall 
be commenced on delivery of the summons or writ by the 
clerk to the bailiff for service. 


1. Where no special provision is made in this act all 
writs and process of the municipal court shall be served and 
returned, and publication made, in the same manner as is 
now, or may hereafter be, provided by law, for the service 
and return of writs and process in the court of common pleas. 
Where the manner of service,and return is not so provided 
for, service and return may be made in the same manner pro- 
vided by law for the service and return of writs and process 
issued by a police court, or a justice of the peace. In ad- 
dition to the foregoing methods of service and return of 
writs or process the judges may by rule provide for the 
service and return of writs or process by mail, registered or 
otherwise, and when provision for service by mail is so made, 
a return of the bailiff or sheriff that a true copy of a writ or 
process was deposited in the mail shall be proof of residence 
service at the address on the envelope containing stich writ 
or process; provided that such address be the correct resi- 
dence address of the party to be served, and that such en- 
velope be not returned to the bailiff by the postal authorities 
as undelivered; in the case of a corporation, domestic or 
foreign, or a partnership, a return of the bailiff or sheriff 
that a true copy of the writ or process was deposited in the 
mail, enclosed in an envelope addressed to the corporation 


‘or partnership at its office or place where it regularly re- 


ceives mail, in the city of of Cleveland, or when the court has 
jurisdiction, elsewhere in Cuyahoga county or the state of 


THE MUNICIPAL COURT OF CLEVELAND 


11 


Ohio, shall be proof of service, provided that such address 
be the office of the corporation or partnership, or the place 
where the corporation or partnership regularly receives mail, 
and that such envelope be not returned by the postal author- 
ities as undelivered; and provided further that, in any case, 
any person requesting service by bailiff or sheriff shall be 
entitled thereto. 


2. The return day shall be fixed by rule of court and the 
summons or writ shall, unless accompanied with an order 
to arrest, be served at least three days before the time of 
appearance. 


3. In an action wherein the bailiff is a party, or is in- 
terested, writs and process shall be directed to the sheriff 
of Cuyahoga county. If both these officers are interested, 
the writs and process shall be directed to and executed by 
the chief justice. 


4. In all civil cases in the municipal court the plaintiff 
shall file a statement of claim and the defendant shall file a 
like statement of any set-off or counter-claim he may desire 
to assert. A statement of defense shall be filed in such cases 
and within such time as may be required by rule of the court. 
In cases where a statement of defense is required the sum- 
mons shall set forth the date when such statement shall be 
filed, as fixed by rule of court, which shall not be less than 
five days after the return day of the summons. The state- 
ment shall set forth in plain and direct language the facts 
constituting the cause of action, set-off, counter-claim, or 
defense. 


5. To expedite the business and promote the ends of 
justice the judges may from time to time adopt, publish, and 
revise rules relating to matters of practice and procedure, 
service and return of writs or process, classify the causes of 
action in the court and prescribe with reference to each class 
the degree of particularity with which a cause of action, 
set-off, counter-claim, or defense shall be set up. 


6. Where no special provision is made in this act, or 
by rule of court, the provisions of title four, part third, of 


Return day. 


When sheriff 
shall serve 
process, 


Filing of plead- 
ings, 


Rules of practice 
and procedure, 


When provisions 
of General Code 
shall apply. 


12 


THE MUNICIPAL COURT OF CLEVELAND 


Procedure in 
criminal actions. 


Recognizance., 


Qualifications of 
surety and tenor 
of recognizance. 


Lien of recog- 
nizance. 


the General Code shall apply to the practice and procedure 
of the municipal court; but this section shall not be construed 
to abridge the powers of the judges in respect thereto granted 
by this.act. 


Sec. 1579-20. § 20. In all criminal cases and proceed- 
ings the practice and procedure and mode of bringing and 
conducting prosecutions for offenses, and the powers of the 
court in relation thereto, shall be the same as those which 
are now, or may hereafter be, possessed by police courts in 
municipalities. 


All recognizances for the “appearanceso1 saeuercndan 
charged with an offense, when the offense is bailable, shall 
be entered into before the clerk and approved by him; and 
the surety or sureties therein shall be qualified by the clerk 
as provided by law. 


One surety in every such bond must be a resident within 
the jurisdiction of the court, and the sureties must own prop- 
erty worth double the sum to be secured, and must have real 
estate within the county of Cuyahoga liable to execution of 
a value equal to the sum to be secured; and when two or 
more sureties are offered to the same bond or recognizance. 
they must have in the aggregate the qualification prescribed 
herein. The recognizance shall require the prisoner to ap- 
pear before the court to answer the charge against him or 
before the court of common pleas, when the defendant is 
held to the grand jury as provided by law. 


The recognizance shall clearly disclose the full name of 
the surety or sureties, together with the residence address, 
and there shall be endorsed thereon, a brief but pertinent 
description of the real estate owned by such surety or 
sureties. 


When the recognizance or bond shall be thus entered 
into, approved and accepted, the same shall become a sub- 
sisting lien on the real estate of the surety or sureties therein 
upon which they have qualified until the recognizance shall 
have been exonerated or discharged. 


THE MUNICIPAL COURT OF CLEVELAND 


13 


A copy of every such bond or recognizance, duly cer- 
tified under the seal of the court by the clerk, as a true copy, 
shall be filed by him with the recorder of Cuyahoga county 
forthwith unless in the meantime the defendant shall have 
been acquitted or discharged by the court. ‘The said recorder 
shall provide a suitable record book, properly indexed, in 
which he shall record all recognizances certified to him as 
herein provided. The recorder shall be entitled to receive 
from the clerk, such fees and record charges as are now au- 
thorized by law, for recording deeds and mortgages; and 
such fees and charges shall be taxed by the clerk in the costs 
of the respective cases, and shall be paid to the recorder by 
the clerk from funds in his hands upon certified vouchers or 
bills rendered by said recorder. 


The clerk shall transmit to the recorder each day a cer- 
tified list under the seal of the court, of all bonds or recog- 
nizances which have been exonerated or discharged, and the 
recorder shall note on the margin of the record of each re- 
cognizance the discharge or satisfaction of the same, and the 
lien on the real estate of the surety or sureties in such recog- 
nizance or bond shall thereby be cancelled and discharged. 


The clerk shall not approve nor accept as surety or sure- 
ties on any such recognizance any person who is then liable 
on any recognizance or bond theretofore executed in the 
municipal court, unless it shall appear to the satisfaction of 
the clerk, that the person offering himself as surety has suf- 
ficient equity in his real estate over and above his liability 
thereon, to justify the subsequent bond or bonds as herein 
provided, or unless said prior bond or bonds shall have been 
exonerated and discharged. 


The clerk shall be entitled to tax in the costs of the case, 
such fee or fees for making the copies and certificates herein 
required as the court may by rule provide. 


Provided, however, that in all misdemeanor cases, the 
clerk, in lieu of the surety or sureties herein required, may 
accept a deposit of money, in United States legal tender, in 
an amount equal to the penal sum stipulated in the bond or 
recognizance, and in any felony case a judge of the munici- 


Copy of recog- 
nizance to be 
filed with recorder 


Certain persons 
not accepted 
as surety. 


Money deposit in 
lieu of surety. 


14 


THE MUNICIPAL COURT OF CLEVELAND 


Chief justice, 
additional pow- 
ers and duties. 


Sittings in court; 
general powers 
and duties. 


pal court may direct the clerk to accept such a deposit in an 
amount fixed by the judge, which amount shall be the sum 
stipulated in the recognizance or bond, and such deposit 
shall be retained by the clerk as security thereon until the 
recognizance or bond shall have’ been exonerated and dis- 
charged; and in the event of the forfeiture of any such bond 
or recognizance, the clerk shall apply the money so deposited 
in satisfaction of any judgment that may be rendered on the 
recognizance and the depositor of such fund shall surrender 
and forfeit all right in and to the same to the extent of such 
judgment. 


Sec. 1579-21. § 21. In addition to the exercise of all 
the other powers of a judge of said court, the chief justice 
shall have the general superintendence of the business of the 
court, and may classify and distribute among the judges the 
business pending in said court. He shall render a complete 
annual report to the council of the city of Cleveland, covering 
the preceding year, which report shall show the work per- 
formed by the court, a summary of the expenses of the civil 
and criminal branches of the court respectively, a statement 
of ,receipts and expenditures, the number of cases heard, 
decided and settled by the court and by each judge thereof, 
the number of cases reviewed by the court on error, the num- 
ber of decisions of the municipal court reversed or affirmed 
by a reviewing court, the number of days and hours of 
attendance in court of each judge, and such other data as the 
council may require. Said report shall be printed by the 
council for free distribution to the public. 


The judges of the court may sit separately or otherwise; 
shall meet at least once in each month and at such other times 
as the chief justice may determine; shall prescribe forms; 
establish a system for the docketing of causes, motions and 
demurrers; adopt and publish rules governing practice and 
procedure not otherwise provided for in this act; and desig- 
nate the mode of keeping and authenticating the records of 
proceedings had before them. 


The judges or a judge of the court may summon and 
impanel jurors; tax costs; compel the attendance of wit- 


‘ nesses, jurors and parties; issue process; preserve order; 


THE MUNICIPAL COURT OF CLEVELAND 15 


nnn nnnnnnnnnnnnnnnnnnnnnneeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eee 


punish for contempt; and may exercise all powers which are 
now or may hereafter be conferred upon the court of com- 
mon pleas or the judges thereof, or upon justices of the 
peace, or upon police courts of cities or the judges thereof 
necessary for the exercise of the jurisdiction herein con- 
ferred and for the enforcement of the judgments and the * 
orders of the court. 


Fach judge shall at least once each month, make a report, 
in writing, to the chief justice, of the duties performed by 
him, in such manner and form as the chief justice may 
require. 


Any order made by the, chief justice, under the special 
powers conferred upon him in this act, may be vacated, 
amended or modified, by the vote of a majority of the judges 
of the court. 


Sec. 1579-22. § 22. A judgment rendered, or final order Prodeesinea i 
made, by any justice of the peace from whose court appeal _ tice of the peace. 
may be had by the provisions of this act to the municipal 
court, may also be vacated, modified or reversed, by the mu- 
nicipal court and the proceedings in error in such case shall 
be the same as are now, or may hereafter be, provided for 
proceedings in error from a justice of the peace to the court ° 
of common pleas, and the justice shall order the constable 
to turn over any property in his possession to the bailiff of 
the municipal court to be by him held as in like cases orig- 


inating in the municipal court. 


peGuthas seem Saco. be municipal, court,shall have no «Ne Juriediction 


° ‘ < 3 when appeal pro- 
jurisdiction, in either appeal or error, when any party to an _ ceedings to com- 


mon pleas court 
action in a court of a justice of the peace shall perfect error _ perfected. 
or appeal proceedings to the court of common pleas, and if 
the action has been taken on error or appeal to the municipal 
court, all proceedings in the municipal court shall thereupon 
cease and the clerk of the municipal court shall transmit 
all papers and moneys held by him in the action and certify 
the costs, to the clerk of the common pleas court, and the 
bailiff of the municipal court shall turn over any property 
held by him in the action to the sheriff of Cuyahoga county, 
to be held by him as in like cases originating in the court of 


common pleas. 


THE MUNICIPAL COURT OF CLEVELAND 


What cases shall 


Advance deposit. 


summoning jury; 


Sec. 1579-24. § 24. All causes in the municipal court, 
both civil and criminal, shall be tried by the court unless a 
jury trial be demanded by a party entitled to the same. The 
time for making a demand for a jury trial in civil cases may 
be fixed and limited by rule of court. In all criminal cases, 
“in which the accused is entitled to a jury trial, a demand for 
a jury trial must be made by the accused before the court 
shall proceed to inquire into the merits of the cause, other- 
wise a jury shall be deemed to be waived and the cause shall 
be tried by the court. In all civil actions, where a jury is 
demanded, it shall be composed of six lawful electors, unless 
the parties agree to a less number. Provided, however, that 
any party may demand a jury of twelve electors. In all ac- 
tions and proceedings of which police courts have or may be 
given jurisdiction, where a jury may be and is demanded, it 
shall be composed of twelve lawful electors. In all civil 
actions a jury shall render a verdict upon the concurrence of 
three-fourths or more of their number. When over three- 
fourths of the jury, as herein provided, shall not consist of 
an integral number, the next highest number shall be con- 
strued to represent three-fourths of stich jury. 


Sec. 1579-25. § 25. In all civil actions and proceedings 
the cost of summoning jurors and the fees of jurors shall be 
taxed as part of the costs. 


Sec. 1579-26. § 26. In all civil cases when a jury trial is 
demanded the party making such demand may, by rule of 
court, be required to make an advance deposit of ten dollars 
for a jury of six men and twenty dollars for a jury of twelve 
men; provided, however, the party making such demand may 
by leave of court, file in lieu of such deposit of ten dollars, 
an affidavit of inability to make such advance deposit when 
a jury of six men is demanded. 


sec. 15/9-27. 8 27,, Jurors an-the miunicipalecourt suai 
be chosen and summoned in accordance with an ordinance of 
the council of the city of Cleveland, or if no such ordinance 
is in force, in ‘accordance with a rule of the court. They 
shall be impaneled in the same manner and challenged for 
the same causes as jurors in the court of common pleas; they 
shall have the same qualifications and receive the same fee 


THE MUNICIPAL COURT OF CLEVELAND 


as jurors in the court of common pleas; their fees shall be 
paid out of the treasury of the city of Cleveland. It shall 
be the duty of the chief justice of the municipal court to 
cause to be interrogated all jurors summoned for service in 
the municipal court, and to cause to be inquired into the 
qualifications of said jurors and to reject from service as 
jurors all persons who do not appear to possess the quali- 
fications required by law. | 


Sec. 1579-28. § 28. In all causes the municipal court 
shall have the same authority to set aside a verdict, or a judg- 
ment, and grant a new trial, as is now, or may hereafter be, 
conferred on courts of common pleas. 


Sec. 1579-29. § 29. The calendar of the municipal court 
shall be divided into four terms of three months each, be- 
ginning respectively on the first day of January, April, July, 
and: October of each year. The chief justice of the municipal 
court may continue the session of any term of said court be- 
yond the time fixed for the commencement of the next term, 
when such continuance is necessary to finish the trial of any 
cause or to receive the verdict, or pronounce judgment in 
any cause, the trial of which has been commenced during 
the term. When a jury has been impaneled for the trial of 
a case, or an action is on trial in the municipal court, if it 
be deemed proper by reason of the approaching close of 
the term of said court, or for any other cause, to adjourn 
such trial to the next term, the court may order that it be 
adjourned to a day certain, on which day the case shall pro- 
ceed and be disposed of as if the trial had commenced at that 
term. When in any case on trial in the municipal court, the 
jury returns a verdict, or the court renders a judgment or 
decision, within the last three days of the term in which 
such trial was commenced, either party to such case may file 
a motion for a new trial within three days after the return 
of such verdict, or the rendition of such judgment or 
decision. 


Sec. 1579-30. § 30. All lands and tenements, including 
vested interests therein, and permanent leasehold estates, 
renewable forever, located within the county of Cuyahoga, 
shall be bound for the satisfaction of any judgment rendered 


New trial. 


Calendar. 


Effect of judg- 
ments. 


18 THE MUNICIPAL COURT OF CLEVELAND 
A Cea 


in the municipal court from the first day of the term at which 
judgment is rendered; but judgments by confession, and 
judgments rendered at the same term at which the action is 
commenced shall bind such lands, tenements, vested interests 
and permanent leaseholds only from the day on which such 
judgments are rendered. 


rag ke Sec. 1579-31. § 31. The party in whose favor a judg- 
ment is rendered by the municipal court may file a transcript 
of such judgment in the office of the clerk of the court of 
common pleas, in the same manner and under the same con- 
ditions, as are now, or may hereafter be, provided for the 
filing of transcripts of judgments rendered by justices of the 
peace; all provisions relative to transcripts of judgments and 
liens of judgments rendered by justices of the peace, shall, 
in so far as applicable be applied to transcripts of judgments 
and liens of judgments rendered by the municipal court. 


Bntvcostea Sec. 1579-32. §$ 32. The lien of a judgment of the munici- 
pal court may be enforced in the court of common pleas in 
the same manner as the lien of a judgment rendered by the 
court of common pleas. Execution may be issued on such 
judgment at any time after a transcript thereof has been filed, 
as if the judgment had been rendered by the court of com- 
mon pleas; but all liens shall remain as provided in this act. 


Proof of records. sec. 1579-33. § 33.. The records of the municipal court 
may be proved by the production of the original records, or 
by a transcript thereof certified by clerk of said court under 
its seal. 


me Sec. 1579-34. § 34. The clerk of the municipal court 
shall make and maintain an alphabetical index of the names 
of all plaintiffs and defendants to suits filed in said court. 


Morea SF dei Sec. 1579-35. § 35. When the summons has been served 
or the publication made, the action in the municipal court is 
pending so as to charge third persons with notice.of its pen- 
dency. While pending, no interest can be acquired by third 
persons in the subject of the action, as against the plaintiff’s 
title. 


behets tes Sec. 1579-36. § 36. Proceedings in error may be taken to 


in error. 


THE MUNICIPAL COURT OF CLEVELAND 


the court of appeals of: Cuyahoga county from a judgment or 
final order of the municipal court in the same manner and 
under the same conditions as are provided by law for pro- 
ceedings in error from the court of common pleas to the 
court of appeals; provided, however, no proceedings to re- 
verse, vacate or modify, such a judgment or final order shall 
be commenced unless within sixty days after the overruling 
of the motion for a new trial, or the entry of the judgment 
or final order complained of, when the motion for a new trial 
is not filed; or in case the person entitled to such proceedings 
is an infant, a person of unsound mind, or imprisoned, within 
forty days exclusive of the time of such disability. And pro- 
vided further: That in actions in forcible entry and deten- 
tion the party objecting to the finding of the court on ques- 
tions of law and evidence shall reduce his objections to 
writing and present same to the trial court not more than ten 
days after the overruling of a motion for a new trial of said 
action, and no petition in error to reverse, modify or vacate 
the judgment or final order in such cases shall be filed in the 
court of appeals, except upon leave of said court of appeals 
or a judge thereof, and upon notice of such application being 
first given to the opposite party. | 


And provided further that in-all criminal actions and 
proceedings of which the municipal court has final jurisdic- 
tion, if the defendant shall deem himself aggrieved by a 
decision of the court he may present his bill of exceptions 
thereto, within ten days from the overruling of a motion for 
a new trial, or from the date the decision, judgment or sen- 
tence of the court is entered, which bill of exceptions the 
court shall allow and sign if the same be correct, and it shall 
be made a part of the record, and the taking of all bills of 
exceptions shall be governed by the rules established in 
civil cases and shall have like force and effect. For good 
cause shown, the time for signing and allowing a bill of ex- 
ceptions in any criminal case may be extended a further 
period not exceeding ten days, by the judge with whom it is 
filed, and in which event the extension must be endorsed on 
the bill by such judge. 


And provided further, that in all proceedings in error 
relating to judgments or orders of the municipal court, the 
reviewing courts shall take judicial notice of all rules re- 


19 


Error proceed- 
ings in forcible 
entry cases, 


Bills of excep- 
tions in criminal 
cases, 


THE.MUNICIPAL COURT OF CLEVELAND 


Error pertaining 
to practice. 


Stay of execu- 
tion; bond. 


lating to pleading, practice or procedure of the municipal 
court. When any error proceeding has been determined 
or dismissed by the court of appeals, the clerk of such court 
shall, immediately after the time allowed by law for the com- 
mencement of proceedings to review the judgment of said 
court of appeals, if such proceedings have not been com- 
menced, transmit to the clerk of the municipal court all of 
the original papers and pleadings in such case. 


pec. 1579-37. § 37. No assignment of error in a re- 
viewing court shall be allowed in any action which shall call 
in question the decision of the municipal court in reference 
to any matter pertaining to the practice in said court; pro- 
vided, however, that the reviewing court may grant relief 
from any error of the municipal court in respect to a matter 
of practice therein in any case where in the opinion of the 
reviewing court such relief is necessary to prevent a failure 
of justice. 


Sec. 1579-38. § 38. A person against whom a: judgment 
has been rendered in the municipal court may stay execu- 
tion thereon by entering into a bond to the adverse party 
within ten days after the rendition of such judgment, with 
sufficient surety, a freeholder owning real property situated: 
in the county of Cuyahoga or a corporation authorized to 
execute surety bonds in this state, approved by the clerk of 
the court or a deputy, and conditioned for the payment of the 
amount of such judgment, interest, costs and costs that 
accrue. Such bonds shall be entered on the docket of the 
clerk of the court and shall be signed by such surety. Where 
a freeholder of the county of Cuyahoga is a surety, said 
undertaking shall be a lien on the real property of said free- 
holder situated in the county of Cuyahoga from the time of 
signing the undertaking until the judgment and all costs in 
the case upon which the stay of execution has been granted 
are satisfied. 


The stay of execution hereby authorized shall be grad- 
uated as follows: 


First: On a judgment for $50.00 and under, for sixty 
days. 


THE MUNICIPAL COURT OF CLEVELAND 


Second: On a judgment exceeding $50.00 for one hun- 
dred and eighty days. 


Sec. 1579-39. § 39. Stay of execution on the following 
judgments shall not be allowed: 


1. Judgments against sureties or bail for the stay of 
execution, 


2. Judgments rendered in favor of sureties or bail who 
have been compelled by judgment to pay money on account 
of their principal. 


3. Judgments rendered against a surety on a bond or 
undertaking given in any action or proceeding in any court. 


4. Judgments for an amount not exceeding $100.00 ren- 
dered in favor of any person for wages due for manual labo. 
by him performed. 


5. Judgments and decrees in actions of foreclosure of 
mortgages, mechanics’ liens and in proceedings to subject 


real property to the payment of judgments and marshaling 
of liens. 


Sec. 1579-40. § 40. Where no special provision is made 
in this act the laws governing the court of common pleas as 
to security for costs, bills of exceptions, motions for new 
trials, vacation or modification of judgment before and after 
terms, the referring of matters to a referee or special master 
commissioner, the issuing of executions and orders for stay 
of execution, and the taking of depositions, shall be held to 
apply to the municipal court. 


At the municipal election of 1911 and every four years 
thereafter, there shall be nominated and elected a clerk of 
the municipal court in the same manner as other municipal 
officers are nominated and elected, who shall serve until his 
successor is elected and qualified; provided, however, that 
at the municipal election of 1923 and every four years there- 
after said clerk shall be nominated and elected in the same 
manner as judges of the municipal court are nominated and 
elected. ‘The term of office of said clerk shall commence on 


21 


Cases wherein 
stay of execution 
not allowed. 


Laws governing 
court of com- 
mon pleas appli- 


_ cable. 


Election of clerk; 
compensation, 


oe 


THE MUNICIPAL COURT OF CLEVELAND 


Powers and 
duties of clerk. 


the first day of January next after his election and he shail 
hold office until his successor is elected and qualified. 


He shall receive such compensation payable out of the 
treasury of Cuyahoga county not less than two thousand dol- 
lars per annum as the county commissioners may prescribe, 
and such further compensation not less than twenty-five hun- 
dred dollars per annum, payable in monthly installments 
out of the treasury of the city of Cleveland as the council 
may prescribe. Deputies to the clerk shall be designated as 
hereinafter provided for in this act. 


Sec. 1579-41. § 41. The clerk of the municipal court shall 
have general powers to administer oaths, and take affidavits, 
and to issue executions upon any judgment rendered in the 
municipal court, including a judgment for unpaid costs; he 
shall have power to issue and sign all writs, process and 
papers issuing out of the court, and to attach the seal of the 
court thereto; and except as hereinafter provided, shall have 
power to approve all bonds, recognizances and undertakings 
fixed by any judge of the court or by law; shall file and safely 
keep all journals, records, books and papers belonging or 
appertaining to the court, record its proceedings and perform 
all other duties which the judges of the court shall prescribe. 
He shall pay over to the proper parties all moneys received 
by him as clerk; he shall receive and collect all costs, fines 
and penalties, and shall pay therefrom annually six hundred 
dollars in quarterly installments to the trustees of the law 
library association as provided for in division IV, chapter 1 
of the General Code, and shall pay the balance thereof quar- 
terly to the treasurer of the city of Cleveland and take proper 
receipts therefor, but money deposited as security for costs 
shall be retained by him pending the litigation; he shall 
keep a book showing all receipts and disbursements, which 
shall be open for public inspection at all times; and shall 
on the first Monday of' each term of court make to the city 
auditor a report of all receipts and disbursements for the 
preceding term. He shall succeed to all and shall have all 
the powers and perform all the duties of police clerks. And 
as to the selection of the deputy clerks he shall have power 
to appoint a chief deputy only. All other deputies and as- 
sistants shall be appointed or selected by him as hereinafter 
provided. 


THE MUNICIPAL COURT OF CLEVELAND 


Sec. 1579-42. § 42. All money deposited as security for 
costs and all other moneys, other than costs, paid into the 
municipal court, shall be noted on the record of the cause in 
which they are paid and shall be deposited by the clerk in 
such banking institutions as shall be designated by the judges 
of the court, there to abide the order of the court and to bear 
interest at not less than two per cent per annum. On the 
first Monday in January of each year the clerk shall make a 
list of the titles of all causes in the municipal court which 
were finally determined more than one year past, in which 
there remains unclaimed in the possession of the clerk of 
any such funds, or any part of a deposit for security for 
costs not consumed by the costs in the case. The clerk shall 
give notice of the same to the parties entitled to said moneys. 
or to their attorneys of record. All such moneys remaining 
unclaimed on the first day of April of each year shall be paid 
by the clerk to the city treasurer, provided, however, that 
any part of such moneys shall be paid to the person having 
the right thereto upon proper certificate of the clerk of the 
court. 


Sec. 1579-43. § 43. Before entering upon the duties of 
his office the clerk of the municipal court shall make and file 
in the office of the treasurer of the city of Cleveland a bond 
in a sum of not less than ten thousand dollars, to be deter- 
mined by the judges of the court, with surety to be approved 
by the auditor of the city of Cleveland, conditioned for the 
faithful performance of his duties as such clerk. The said 
bond shall be given for the benefit of the city of Cleveland 
and for the benefit of any person who may suffer loss by rea- 
son of a default in any of the conditions of said bond. A 
vacancy in the office of the clerk of municipal court shall be 
filled by the judges of the municipal court for the unexpired 
term. 


Sec. 1579-44. § 44. The chief deputy clerk shall receive 
such compensation not less than one thousand five hundred 
dollars per annum as the council may prescribe. The other 
deputy clerks shall receive such compensation not less than 
one thousand two hundred dollars per annum as the council 


23 


Moneys received 
shall be depos- 
ited and draw 
interest, _ 


Bond of clerk, 


Compensation of 
chief deputy and 
clerks, 


24 THE MUNICIPAL COURT OF CLEVELAND 
nn nnn nnn nner eee ee eee ce SSS SSS 


may prescribe. AI] of said salaries shall be paid in monthly 
installments; out of the treasury of the city of Cleveland. 
If desired by the court the clerk shall designate one deputy 
to each court room, who shall perform such duties as may 
be required by the judges. The clerk may require any of the 
deputy clerks to give bond of not less than one thousand 
dollars, the terms whereof shall be subject to the approval 
of the judges of the court. The sureties on said bonds shall 
be approved and said bonds shall be filed in the manner pre- 
scribed for the approval and filing of the clerk’s bond. Dep- 
uty clerks shall take the same oath or affirmation required of 
the clerk of said municipal court. 


Railiffs; duties, | Sec. 1579-45. § 45. A bailiff and deputy bailiffs shall be 
compensation, ‘ Xs 5 y : 
+ Mehl designated as hereinafter provided for in this act. They 


shall perform for the municipal court services similar to 
those usually performed by the sheriff for courts of com- 
mon pleas and by the constable for courts of justice of the 
peace and may administer oaths to witnesses and jurors and 
receive verdicts "in the same emanner ands tom s00dmoumic 
same extent as deputy clerks of the court of common pleas 
are or may hereafter be authorized by law to perform such 
service. The bailiff shall have power to approve all under- 
takings and bonds given in actions of replevin, all re-deliv- 
ery bonds in attachment, and all bail bonds given upon arrest 
before judgment. The bailiff shall receive such compensa- 
tion not less than three thousand six hundred dollars per 
annum and deputy bailiffs shall each receive such compensa- 
tion not less than one thousand two hundred dollars per 
annum, as the council may prescribe, payable in monthly 
installments, out of the treasury of the city of Cleveland. Be- 
fore entering upon his duties, the bailiff shall make and file 
in the office of the auditor of the city of Cleveland a bond in 
the amount of not less than ten thousand dollars to be de- 
termined by the judges with two or more sureties to be ap- 
proved by the chief justice. The terms of said bond shall be 
subject to the approval of the judges of the court. The said 
bond shall be given for the benefit of the city of Cleveland 
and of any persons who shall suffer loss by reason of a de- 
fault in any of the conditions of said bond. The bailiff may 
require any of the deputy bailiffs to give a bond of not less 
than one thousand dollars, the terms whereof shall be subject 
to the approval of the judges of the court. The sureties on 


THE MUNICIPAL COURT OF CLEVELAND 


said bonds shall be approved and said bonds shall be filed in 
the manner prescribed for the approval and filing of the 
bailiff’s bond. The bailiff may, with the consent and approval! 
of the judges of the court, appoint stenographers and clerks 
to perform the necessary stenographic and clerical duties in 
the bailiff’s department. 


Sec. 1579-46. § 46. Excepting the clerk and the chief 
deputy clerk, the bailiff and all deputy clerks and deputy 
bailiffs, of the municipal court, shall be in the classified 
civil service of the city of Cleveland, subject to the pro- 
visions of the laws of the state applying to said classified 
service. From time to time as the chief justice of the 
municipal court may demand, the civil service commission of 
the city of Cleveland shall certify to the chief justice of the 
municipal court a list of those eligible for the positions of 
bailiff and deputy bailiff, and to the clerk from time to time, 
as he may demand a list of those eligible for the positions of 
deputy clerk. From such lists the judges shall designate a 
bailiff and such number of deputy bailiffs as judges of the 
said court may deem necessary to transact the business of the 
court, and the clerk shall designate a chief clerk,’ and such 
number of deputies as the city council may determine. Any 
appointee under this act may be dismissed or discharged by 
the same power or force which appointed him. 


Every police officer of the City of Cleveland shall be ex- 
officio a deputy bailiff of the municipal court and shall per- 
form from time to time such duties in respect to cases within 
the jurisdiction of said court as may be required of them by 
said court or any judge thereof. 


Sec. 1579-47. § 47. The municipal court, by rule of 
court, may establish a’schedule of fees and costs to be taxed 
in all actions and proceedings, both civil and criminal, which 
in no case shall exceed the fees and costs provided for like 
actions and proceedings by general law. 


Sec. 1579-48. § 48. The council of the city of Cleveland 
shall provide suitable accommodations for the municipal 
court and its officers including a private room for each judge 
and sufficient jury room, The council shall also provide for 


Classified civil 
service. 


Ex-officio bail- 
iffs. 


Costs; how 
taxed, 


Accommoda- 
tions for court. 


26 THE MUNICIPAL COURT OF CLEVELAND 


the use of the court complete sets of the reports of the su- 
preme and inferior courts of Ohio and such other authorities 
as are deemed necessary, and shall provide for each court 
room the latest edition of the General Code of Ohio, and 
necessary supplies including telephone, stationery, furniture, 
heat and light. The expense of maintaining the court shall 
be paid out of the treasury of the city of Cleveland. 


Spal: Sec. 1579-49. § 49. The said municipal court shall have 
a seal which shall have engraved thereon the coat of arms of 
the state and shall be one and three-fourths inches in diam- 
eter and shall be surrounded by these words, “The Municipal 
Court of Cleveland, Ohio,’ and shall have no other words or 
device engraved thereon. 


agpeapiins sp Sec. 1579-50. § 50. The solicitor for the city of Cleve- 
land shall also be prosecuting attorney of the municipal 
court. He may designate such number of assistant prosecu- 
tors as the council of the city of Cleveland may authorize. 
The persons thus appointed shall be subject to the approval 
of the city council and such assistants shall receive for their 
services in city cases such salaries as the council may pre- 
scribe, and the county commissioners may allow such further 
compensation as they deem proper, which shall be paid from 
the county treasury: 


The prosecuting attorney of the municipal court shall 
prosecute all cases brought before such court and perform the 
same duties, so far as they are applicable thereto, as are re- 
quired of the prosecuting attorney of the county. 


ae ATA The council of the city of Cleveland by ordinance, shall 
provide for the appointment of one or more interpreters and 
one or more persons to be known as probation officers. Pro- 
bation officers shall have all the powers of regular police of- 
ficers and shall devote their time to. the interests of persons 
placed upon probation. Upon the order of the municipal 
court, or a judge thereof, they shall investigate the circum- 
stances of any case that may come before the court for final 
jurisdiction. 


Probation officers and interpreters shall be appointed by 
the judges of the municipal court, and serve at their pleasure. 


THE MUNICIPAL COURT OF CLEVELAND 


They shall receive such compensation as the council by ordi- 
nance may prescribe. If a member of the police department 
is appointed probation officer, he shall have the privilege of 
returning at any time to the active service in the department 
and to the same rank and standing as he held at the time of 
appointment as probation officer. 


The judges of the municipal court may also appoint such 
stenographers and clerks as may be necessary for the con- 
duct of the work of the probation department. 


Sec. 1579-51. § 51. Whenever the incumbent of any elec- 
tive office created by this act except that of clerk shall tem- 
porarily be absent or incapacitated from acting, the judges 
shall appoint a substitute, who shall have all the qualifications 
required of an elective incumbent of the office. Such ap- 
pointee shall serve until the return of the regular incumbent. 


Any vacancy which may occur in any elective office 
created by this act, except that of clerk, shall be filled by 
appointment by the governor until a successor is elected and 
qualified. Every such vacancy shall be filled by election at 
the first municipal election taking place more than thirty 
days after the vacancy shall have occurred. The person 
elected shall fill the office for the unexpired term. 


Wherever under the provisions of this act authority is 
vested in all the judges constituting said court, such author- 
ity shall be exercised in accordance with a majority vote of 
said judges including the chief justice, and such exercise of 
authority shall be recorded by a minute thereof or order 
spread upon the records of the court. 


sec. 1579-52. § 52. Upon the expiration of the term of 
office of the last justice of the peace in Cleveland township, 
Cuyahoga county, after said office has been abolished, the 
said justice shall deposit with the clerk of the municipal 
court of Cleveland, his official dockets with all the files, 
papers and books pertaining to his office; also all of the 
dockets, files, papers and books of his predecessors or others 
holding the office of justice of the peace in Cleveland town- 
ship, which have come into his custody. 


27 


Appointment of 
substitutes. 


Vacancies, 


Duties of justices 
when office 
abolished. 


THE MUNICIPAL COURT OF CLEVELAND 


becomes successor 
of justices court. 


The municipal court of Cleveland shall become the suc- 
cessor in office of the last justice of the peace and after the 
delivery to the clerk of said court of the dockets of said jus- 
tice of the peace, or any other justice of the peace of Cleve- 
land township, the said municipal court of Cleveland may 
proceed in all cases in like manner as if originally had or 
instituted before said court. 


Sec. 1579-53. § 53. The sections of this act, and every 
part of such sections are hereby declared to be independent 
sections and parts of sections and the holding of any section 
or part thereof to be void or ineffective shall not affect any 
other section or part thereof. 


Sec. 1579-54. § 54. This act shall not be construed to 
shorten the term for which any judge or officer of the 
municipal court has been elected. 


RULES OF 


THE MUNICIPAL COURT 
OF CLEVELAND 


Revised to January 1, 1924 


Compiled by Peter J. Henry, Clerk 


RULES OF 
THE MUNICIPAL COURT OF CLEVELAND 
(Revised to January 1, 1924) 


CIVIL BRANCH 


It is hereby ordered that the following be, and the same 
are hereby adopted as the rules for the docketing of causes 
and the regulation of the practice and procedure of this 
court in civil causes, until otherwise ordered: 


RULE 1 


All civil actions brought in this court shall be numbered 
consecutively as filed, and shall be entered upon the civil 
docket as numbered. In filing any papers, or calling the 
attention of the court to any case, the number itself must be 
given. 


RULE. 2 
All civil actions in this court are hereby divided into the 
following classes: 


First-class Cases—(1) All actions for the recovery of 
money only, whether in contract or tort, wherein the amount 
sought to be recovered exceeds three hundred dollars ($300), 
exclusive of interest and costs; 


(2). All actions and proceedings equitable in their na- 
ture, including: 


(a) The marshaling of liens; 
(b) Proceedings in aid of execution, or creditors’ bills; 


(c) Foreclosure of chattel mortgage or other liens 
upon personal property; 


(d) Actions and proceedings for the sale of real prop- ° 


erty to enforce a judgment of the municipal court, or a lien 
for material and labor; or a lien of a mortgage on real 
property situated within the limits of the city of Cleveland, 
when the amount claimed by the plaintiff does not exceed 
$2,500.00 ; 


Cases 
numbered. 


Classification 
of cases, 


Sessions of 
court. 


Dockets and 
records. 


THE MUNICIPAL COURT OF CLEVELAND 


(e) Interpleaders; 
(f) Other similar actions and proceedings. 


Second-class Cases—(1) All actions for the recovery of 
money only, whether in contract or tort, wherein the amount 
sought to be recovered does not exceed three hundred dollars 
($300), exclusive of interest and costs; 


(2) All actions and proceedings for the recovery of 
personal property, together with damages for the wrongful 
detention thereof; 


(3) Actions for the recovery of real property, includ- 
ing forcible entry and detainer ; 


(4) Other similar actions. 


The classification of a case shall not change in any of 
its stages. 


RULES 


The sessions in the civil branch of this court shall be 
from 9 O'clock: ay-m.a1ntil Zao iclockam sand arome so.cloc 4 
DP... until.4 o’clockips.mioticial Stimemote theactity oF 
Cleveland, on each week day, except Saturday, when the’ 
sessions shall be from<9 <o’clockta: mo tntiletceo clock ane 
Cleveland official time. 


RULE 4 


The clerk shall prepare and, keep the following dockets 
and books which shall be the public records of the court: 


(1). A: Civil Docket’ in which shallgberenteped siiecen— 
secutive order all civil cases brought in said court, together 
with all proceedings had therein, properly dated, which 
docket shall be the final and complete record of said case, 
except as hereinafter provided; 


(2) Bond Docket’ “in, which ‘shall bewenteredartue 


‘originals of all bonds given to stay execution, as provided 


by Section 238 of the act passed May Jo ,y191 Te {102 Ohio 
Laws, page 163), with a proper index thereof; 


(3) A “Journal” in which shall be recorded the orders 
of the court, made in cases wherein extended records are 


THE MUNICIPAL COURT OF CLEVELAND 


ordered to be made by the court, in which case the expense 
of said record is to be taxed as costs in the case; or, are de- 
manded by a party, in which case the expense is to be pre- 
paid by the party demanding the same and not taxed as 
costs ; 


(4) A “Record Book” in which shall be recorded the 
substance only of all pleadings, process, orders and proceed- 
ings, together with the judgment entry as same appears on 
the journal in cases which affect any interest in land; and 
writs or orders of sale which are levied upon land; the ex- 
pense of said record to be taxed as costs in said case; or any 
party to a cause may demand a complete record thereof on 
pre-payment of the costs of said record, which shall be taxed 
as part of the costs, or not, as the court may order; 


(5) <A loose-leaf sheet which shall be known as the 
“Half Sheet,” shall be kept by the clerk for each case, which 
shall be a copy of the civil docket and kept in the files. Each 
transaction and a minute of each order and judgment of the 
court in the case shall be made upon this sheet by the clerk 
under the direction of the judge; 


(6) A “General Index” giving the name of each plain- 
tiff and defendant, direct and reverse; 


(7) A “Release Book” in which shall be entered all 
releases of land, together with a description thereof, which 
are released from the lien or levy of an order of attachment 
or judgment lien; the expense thereof to be prepaid by the 
party presenting such release for entry; 


(8) All records and transcripts of records of said court 
shall be authenticated over the signature of the chief justice 
or the clerk, with the seal of the court attached. 


RULE 5 


No satisfaction in whole or in part of a judgment of the 
municipal court shall be entered in the civil or conciliation 
dockets, except by the clerk of the court; and all such satis- 
factions shall bear his attest. All attempted satisfactions of 
judgments entered contrary to the provisions of this rule 
shall be of no force or effect. 


Docket entries 


34 


THE MUNICIPAL COURT OF CLEVELAND 


Plaintiff’s state- 
ment of claim. 


RULE 6 


Every civil action in this court shall be commenced by 
filing in the office of the clerk a pleading—verified as pro- 
vided by statute, which shall be known as the “Statement of 
Claim,” and the delivery by the clerk of a summons thereon 
to the bailiff, or sheriff, for service. 


Said statement of claim shall contain: 


(1) The full name and residence of each plaintiff and 
his attorney; 


(2) The full name and residence of each defendant, if 
known; 


(3) A statement of the net amount claimed, or any 
other relief demanded; 


(4) A statement in plain and direct language of the 
facts constituting the cause of action with sufficient certainty 
fairly to inform the defendant of the nature of the case he 
is called upon to defend; 


(5) If in contract)it- niust set. torthy or have attached 
thereto a copy of the contract, 1f in writing; or if oral, a 
statement of its terms; and credit must be given for all 
known credits, counter-claims, or set-offs. 


In replevin cases the statement of claim shall conform 
to and follow so far as applicable the forms of affidavits in 
replevin, as prescribed by the justices’ code. 


In ejectment and forcible entry and detainer cases the 
statement of claim shall show that the plaintiff has a legal 
estate in the premises and is entitled to the possession 
thereof, describing the property with such certainty as to 
identify it, and that the defendant unlawfully keeps the 
plaintiff out of possession. If there has been a forcible 
entry that fact shall also be stated. 


In all appeal cases the form of the statement of claim 
shall be the same as provided in this rule, except the same 
shall state that the cause comes into this court on appeal 
from the docket of a justice of the peace, and state what 
justice.’ 


(6) When property attached or levied upon by the 


THE MUNICIPAL COURT OF CLEVELAND 


bailiff is claimed by a person or persons other than the party 
against whom the attachment or execution issued, the claim- 
ant shall file a statement of his claim, verified as in other 
cases, and the same shall be docketed and separately num- 
bered. The claimant shall give at least three days’ notice to 
the plaintiff in the original action or judgment creditor as 
the case may be or his agent or attorney of the time for the 
trial of the right of such property, which trial shall be held 
not less than three days, nor more than six days from the 


date of the service of said notice, and proof of service of. 


such notice shall be made as in other cases. There shall be 
a summary hearing of such claim in the room designated for 
such hearings. 


(7) In any case wherein the plaintiff is a non-resident 
of Cuyahoga county, or an insolvent corporation, the clerk 
shall not file a statement of claim on behalf of such plaintiff 
until security for costs shall first have been furnished as 
provided by sections 11614 or 11615 of the General Code of 
Ohio. 


(8) Petitions to vacate or modify any judgment or 
order of the court after term shall be filed in and numbered 
the same as the case in which the vacation or modification of 
judgment or order is prayed for. 


RULE 7 


It shall be the duty of the plaintiff, or his attorney, to 
file with such statement of claim as many copies thereof as 
there are defendants to be served with the summons in said 
action. _Upon the filing of any pleading subsequent to the 
statement of claim, including any demurrer, it shall be the 
duty of the party filing samé, or his attorney, immediately 
to mail a copy thereof to each other party to such case or 
his attorney and failure so to do shall be sufficient cause to 
strike the pleading from the files. Provided, that when the 
copy of such pleading is to accompany a summons, it shall 
be deposited with the clerk. Notice of motions and proof 
of such notice shall be in accordance with sections 11372-3-4 
of the General Code. 


Copies of state- 
ment of claim 
for service. 


36 


THE MUNICIPAL COURT OF CLEVELAND 


Summons and 
other writs. 


RULE 8 


Upon the filing of said statement of claim and copies 
thereof summons shall, without request, be forthwith issued 
and signed by the clerk, and be under the seal of said court. 
Its style shall be: 
“The State of Ohio, : oe 

“In the Municipal Court 


of Cleveland.” 


“Cuyahoga County, 


and it must be dated the day it is issued, and be returnable 
two days from its date, except as hereinafter provided. It 
shall be directed to the bailiff of said court, or the sheriff 
of the proper county, who shall be commanded therein to 
notify each defendant that he has been sued and must file a 
statement of defense (in writing) at the time stated in said 
summons, or the statement of claim of plaintiff will be taken 
to be true and judgment rendered accordingly. 


Summons in actions for money only, for one hundred 
dollars or less, exclusive of interest and costs, and summons 
in actions for the recovery of personal property, and in ac- 
tions for the. forcible’ entry %and cetentionson reals property, 
or detention alone, or in ejectment,: shall command the 
bailiff Sor sheriff) to notify eachudeéfendant thar nestarepect 
sued and to summon him to appear at a designated room at 
the time specified therein, or the statement of claim of plain- 
tiff will be taken to be. true and judgment rendered ac- 
cordingly. 


When the action is for money only, there must be en- 
dorsed upon the writ the amount stated in plaintiff’s state- 
ment of claim, for which. with interest judgment will be 
taken if defendant fails to appear or answer. 


Summons in actions for the recovery of personal prop- 
erty shall be returnable at the time at which the defendant 
is commanded to appear; shall be served at least three days 
before the time of appearance; and shall command the bailiff 
immediately to seize and take into custody, wherever they 
may be found, the goods and chattels mentioned in plain- 
tiff’s statement of claim, and deliver the same to plaintiff, 
provided the plaintiff shall have executed and delivered the 
bond required by law. 


THE MUNICIPAL COURT OF CLEVELAND 


Summons issued to the sheriff of a county other than 
Cuyahoga county shall be returnable on the seventh day 
after the date of issuance. When personal service of a copy 
of the summons and statement of claim, or cross-statement 
of claim is to be made out of the state, the return thereof 
shall be the fourteenth day after the date of issuance. 


There shall be served with all summons a copy of the 
plaintiff’s statement of claim, filed as provided in Rule 7. 


If the action be for the recovery of property, forcible 
entry and detainer, or equitable relief, the summons shall 
be so endorsed. 


Alias Summons—When a summons is returned “Not 
Served,” alias writs may be issued on precipe of the plaintiff 
or his attorney, until the defendant is summoned. ‘The alias 
summons shall be endorsed as above provided, and there 
shall be attached to said alias summons, for service on each 
defendant, the copy of plaintiff’s statement of claim filed 
therewith, as provided by Rule 7. 


It shall not be necessary to issue summons upon a state- 
ment of defense, counter-claim, or set-off, unless new parties 
are made, or unless personal judgment is sought therein 
against parties in foreclosure cases. Other writs and orders 
will be issued only on written request. 


RULE 9 


Summons—In all actions for the recovery of money 
only, the summons shall be served by mail, unless a precipe 
be filed by the party requesting that service be made by the 
bailiff, or unless the summons is accompanied by an order 
of attachment, in which cases service shall be made by the 
bailiff, or sheriff, in the manner provided in the General 


Code of Ohio. 


In all cases of service by mail the writ shall be en- 
closed in a sealed envelope, bearing proper postage, and 
such envelope shall be addressed to the party to be served 
at his correct residence address. And in the case of a cor- 
poration, domestic or foreign, or a partnership, said envelope 
shall be addressed to the corporation or partnership to be 
served at its office or place where it regularly receives mail 


Service by 
mail. 


38 


Service by 
publication. 


Rule days for 
statement of de- 
fense and 
appearance. 


THE MUNICIPAL COURT OF CLEVELAND 


in the city of Cleveland or elsewhere in the county when the 
court has jurisdiction. —The envelope shall bear a request for 
a return of the envelope after three days to the bailiff in 
case of non-delivery. There shall be printed on the outside 
of the envelope, in red ink, the following words:, 


“This Envelope Contains a Legal Writ from The Municipal 
Court of Cleveland” 


The return of the bailiff shall show the address to which 
the writ was mailed. In case of the return of an envelope 
containing a writ undelivered, the envelope and writ shall 
be placed in the file of the action and the bailiff shall imme- 
diately notify the clerk who shall forthwith note on the 
half-sheet the return of the writ undelivered, and the bailiff’s 
return shall be amended accordingly. 


Postage shall be taxed as part of the costs in the action. 

Subpoena—In all actions, whether first or second class, 
subpoenas shall be served by mail unless otherwise directed 
by precipe of a party or order of the court, and all pro- 
visions relative to the service and return of summons by 
mail shall apply to such service of subpoenas. 


RULE 10 


Service may be made by publication in those cases com- 
ing within Section 11292 of the General Code of Ohio, in 
which the municipal court has jurisdiction; and said’ service 
by publication shall be made in the same manner and form 
as provided by Sections 11293 and 11298, inclusive, of the 
General Code of Ohio, except as otherwise provided by Sec- 
tion 11 of the act as contained in 103 O. L., page 682. 


RULE 11 


The return of the summons by the bailiff, or sheriff, 
must be made at the time named in the writ, which must be 
two (2) days from the date of said writ, except in actions 
for the recovery of personal property, and as otherwise pro- 
vided in Paragraph 5 of Rule 8. 


In all cases in which a statement of defense is required, 
the rule day within which the statement of defense, motion 
or demurrer must be filed shall be the fourteenth (14th) day 


THE MUNICIPAL COURT OF CLEVELAND 


after the return day of the summons, except as hereinafter 
provided. 


The rule day within which parties served by publica- 
tion must file their statement of defense, motion or demur- 
rer, or appear, shall in all cases be the fourteenth day from 
date of the last publication; and proof of publication must 
be filed before said day. 


In all cases in which summons shall be issued to a 
sheriff of a county other than Cuyahoga county, the rule day 
within which defendant’s statement of defense, motion or 
demurrer, must be filed, shall be the fourteenth day after 
the return day of the summons, except in those cases men- 
tioned in Sections 678, 9478 and 9561, of the General Code of 
Ohio, in which cases the rule day for filing such statement 
of defense, motion or demurrer, shall be the thirtieth day 
after the return day of the summons. 


In all cases in which statements of defense are not re- 
quired, the rule day for the defendant to appear shall be 
the fifth day after the return date of summons at nine o’clock 
a. m., Cleveland official time. 


The rule day for filing statements of defense to 
amended pleadings, or pleadings filed out of rule, shall be 
the fourteenth day after the expiration of the leave to file 
such amended pleading or pleading out of rule. 


In cases in which statements of defense are not required, 
the rule day for defendant’s appearance, after filing of 
amended pleadings, shall be the fifth day after the expira- 
tion of such leave to plead. 


RULE 12 


In all appeal cases the rule day within which plaintiff 
must file his statement of claim shall be the tenth day from 
the rendition of judgment appealed from, and the rule day 
for the filing of the statement of defense, or for appearance 
of the defendant, in a case in which a statement of defense 
is not required, shall be the fifth day after the rule day for 
filing plaintiff’s statement of claim. 


Rule days in 
appeal cases. 


40 THE MUNICIPAL COURT OF CLEVELAND 


RULE 13 
Statement of 


sh eiic In all civil actions (except those against executors, ad- 
ministrators and guardians, upon claims arising before ap- 
pointment) the defendant, on or before the rule days herein- 
before provided for the different classes of cases, shall file 
an affidavit, subscribed and vertified by himself, his agent or 
attorney, which shall be known as the “Statement of De- 
fense,” or “Statement of Defense and Counter-Claim, or 
Set-Off,” as the case may be, specifying the nature of such 
defense, whether by way of a special denial of each material 
allegation of the statement of claim controverted by the de- 
fendant, or by a concise statement of new matter constitut- 
ing a defense, counter-claim or set-off, in such manner as to 
reasonably inform the plaintiff of the defense which will 
be interposed at the trial; and evidence of only such de- 
fenses as are set out in said statement of defense shall be 
admitted on the trial. Provided, however, that in all cases 
for an amount not exceeding one hundred dollars, exclusive 
of interest and costs, and in all actions for the recovery of 
real or personal property, and actions for the forcible entry 
and detention, or detention alone of real property, the de- 
fendant shall not be required to file a statement of defense, 
unless he seeks affirmative relief. Provided, however, that 
on motion of plaintiff and for good cause shown, the court 
may require defendant to file a statement of defense in any 
action. 


When a defendant seeks affirmative relief, his statement 
of defense must contain a demand for such relief, and shall 
be so endorsed by the defendant’s attorney if he have one. 


RULE 14 
Nh Dene It shall not be sufficient for a defendant in his statement 
ye a oe of defense to deny generally the facts set forth in the state- 


ment of claim, or a plaintiff in his affidavit of reply, herein- 
after provided for, to deny generally the facts alleged by 
the defendant in his statement of defense, counter-claim or 
set-off ; but each party shall deny specifically each allegation 
of which he does not admit the truth, except allegations of 
damages, and every allegation of fact not denied specifically 
or by necessary implication shall be taken to be admitted. 
Any denial of any allegation of fact made by the opposite 
party must not be evasive, but must be positive and direct. 


THE MUNICIPAL COURT OF CLEVELAND 


RULE 15 


In cases of the first-class, demurrers to the statements of 
claim or defense can be filed for the causes set forth in Sec- 
tions 11309, 11323, 11324 and 11325, of the General Code of 
Ohio. 


No demurrers shall be filed in second-class cases, but the 
court may in said second-class cases, on motion, order any 


statement of claim or of defense to be stricken off on the 


ground that the same is evasive or does not reasonably in- 
form the defendant or the plaintiff as the case may be, of 
the cause of action or defense relied upon by the party filing 
the same; or, the court may order said statement to be made 
specific and certain. | 


If it appears to the court from said pleading that the 
party filing said statement of claim or defense is relying 
upon a cause of action or defense that is clearly unfounded 
in law, the court may order the action dismissed, or judg- 
ment to be entered upon the pleadings, as may be just. 


RULE 16 


The provisions of the General Code of Ohio in regard 
to joinder of actions and defenses and joinder of parties, 
amendments, counter-claim and set-off and interrogatories 
and verification of pleadings, so far as applicable, shall be 
held to apply to this court; the terms “Petition” and 
“Answer” being held to mean “Statement of Claim” and 
“Statement of Defense,” etc. 


RULE 17 


No reply pleadings in second-class cases will be re- 
quired—pleas of confession and avoidance, set-off and coun- 
ter-claim, will be considered as denied by the plaintiff, 
without pleading, as justice requires. In first-class cases 
statements of reply shall be filed on or before the fifth day 
after rule day for statement of defense. 


The new matter in the reply will be deemed to be 
denied without pleading thereto. 


No affidavit of reply shall materially change the nature 
of or be inconsistent with the cause of action set forth in 


41 


Demurrers., 


Joinder of actions 
and defenses and 
parties, amend- 
ment, counter- 
claim and 

set-off, ete. 


Plaintiff’s state- 
ment of reply. 


THE MUNICIPAL COURT OF CLEVELAND 


Call of cases for 
default and assign 
ment of trial. 


the statement of claim, and any departure in an affidavit of 
reply in violation of this rule shall be ground for sustaining 
a motion to strike from the files. 


RULE 18 


On the second day after rule day for filing statement of 
defense in cases where the same is required, and on appear- 
ance day in other cases, at nine o'clock a. m., Cleveland 
official time, the judge assigned to that duty shall call all 
cases in which service either by summons or by publication 
has been duly made upon all defendants and the clerk shall 
prepare for and deliver to said judge a list of all such cases 
for call, whether issue has been joined or not. If there is 
more than one defendant to the action the call day shall be 
the same for all and shall be the last appearance day or the 
second (2nd) day following the last rule day for filing a 
statement: of "defense, (asthe case may. beww wv benacaseemare 
called, if the defendant is in default a default judgment 
shall be rendered on the statement of claim in actions on 
accounts or instruments for the payment of money only, 
unless a leave to move or plead shall have been granted. . In 
all other cases in which the defendant is in default an entry 
of default on the part of such defendant shall be made and 
the case shall be assigned to the trial calendar for evidence 
the second (2nd) day after call. If the issues are made up, 
the case shall be assigned for trial as hereinafter provided. 


Extension of time to move or plead may be granted by 
the court in its discretion, for a period, not to: exceed. ten 
(10) days. A second extension not to exceed ten (10) days 
may also be granted by stipulation duly and properly filed 
with the clerk. No further leave shall be obtained or 
granted except upon motion, in writing, supported by af- 
fidavit showing good cause duly filed with the clerk ac- 
companied by proof of notice to the adverse party or parties 
in conformity with the provisions of Section 11372-3-4 of 
the General Code. Any such leave to move or plead granted 
prior to the original call shall extend the call day to the 
second (2nd) day following the expiration of such leave, but 
the pendency of a demurrer or motion shall not operate as 
such extension. 


Demand for Jury—Ejither party desiring a jury must, 


THE MUNICIPAL COURT OF CLEVELAND 


upon the date fixed for said original call, or prior thereto, 
demand the same. If said original call is not made upon 
the date fixed therefor but is extended by leave to move or 
plead, as above provided, then such demand shall be made 
on or before the date to which such original call is extended, 
but no demand shall be allowed after such original call day, 
extended as aforesaid, regardless of any leaves to move or 
plead after call. The demand for a jury must be in writ- 
ing, and the party demanding said jury must deposit with 
the clerk at the time such demand is made the sum of ten 
dollars ($10.00) for a jury of six electors, and twenty dollars 
($20.00) for a jury of twelve electors to apply on the ex- 
pense of said jury trial; provided that when a jury of six 
electors is demanded, the party making such demand may, 
by leave of court, file in lieu of such deposit of ten dollars 
an affidavit of inability to make such advance deposit. Un- 
less such demand for a jury shall be made in accordance 
with the foregoing provision as to time of demand and de- 
posit or affidavit, the case shall be tried to the court. 


The clerk shall select a deputy clerk who shall be 
known as the “Assignment Clerk” and who shall have charge 
of the assignment of cases and act under the direction of 
the chief justice. 


All cases which are to be tried shall, upon the rule day 
for call, be assigned to the proper assignment calendar for 
trial as soon as the business of the court will permit. Cases 
shall be assigned for trial in their numerical order from each 
of said calendars, so far as possible, except that actions in- 
volving the liberty of the person, wages, the possession of 
property, cases which have gone over from the preceding 
day and cases which the court may advance, shall be pre- 
ferred. 


Replevin, attachment and foreclosure cases will be as- 
signed for trial as follows: 


Replevin—two days after call 

Attachment (second-class cases) two days after call 
Attachment (first-class cases) six days after call 
Foreclosure—two weeks after call. 


Ejectment and forcible entry and detainer—call day 


44 


THE MUNICIPAL COURT OF CLEVELAND 


Engagements of 
counsel in court. 


Motions and 
demurrers. 


Aid of execution—proceedings will be had each work- 
ing day except Saturday. The order in aid of execution 
shall provide for the attendance of the parties named therein 
not less than five days from the date of such order. 


The chief justice shall designate to the assignment 
clerk what classes of cases, jury or non-jury cases, he de- 
sires to have assigned to certain rooms. Each case when 
assigned to a room shall be tried or dismissed, unless for 
good cause shown it is by the judge passed to a later date, 
in which case it may be held in that room, or returned to 
the assignment clerk, as the trial judge shall decide. 


Cases on the active list and on the second-class calendar, 
by written consent of all counsel, filed with the assignment 
clerk before the adjournment of court on the day preceding 
the one on which the case would be reached for trial, can be 
postponed, but only for such periods as shall not exceed 
sixty (60) days in first-class and thirty (30) days second- 
class cases insthe agvresate and aiter thatemust Uemticumor 
dismissed when reached, unless they are passed to a later 
date for cause shown under the rule for continuance. 


RULE 19 


Cases will not be assigned when counsel therein are ac- 
tually engaged in trial in the federal courts, supreme court, 
court of appeals, common pleas court, or probate court; but 
where a firm of attorneys represents a party, a case will not 
be held on account of such engagements of counsel if other 
member or members of said firm are not actually engaged in 
a trial in said courts, but said case must be tried by said dis- 
engaged attorney, unless for good cause shown the same is 
passed to a later date by the court. 


RULE ZO 


All motions and demurrers, except motions for new 
trials or to advance or continue, shall be heard each Wednes- 
day and Saturday by the judge designated by the chief jus- 
tice to hear motions and demurrers, and if neither party 
appear, the same shall be deemed submitted. A brief, stat- 
ing the authorities and points relied upon, must be filed 
with such motion or demurrer. Said notice must be served 


THE MUNICIPAL COURT OF CLEVELAND 


at least two days before said motion is called or heard. All 
motions which are not accompanied by briefs and proof of 
notice duly served, and all demurrers not accompanied by 
briefs shall upon call of the motion or demurrer be stricken 
oft. 

Any motion may, in the discretion of the court, be re- 
ferred to the trial room to be disposed of upon the trial of 
the case. Motions to discharge attachment shall be and any 
other motion may be, on notice, heard out of their regular 
order by proper arrangement with the court. 


Motions for new trial or to vacate a judgment shall be 
heard by the trial judge, but in his absence or disability the 
same shall be assigned to another judge by the chief justice. 


Upon the filing of the motion for a new trial, the party 
filing same shall, upon such filing, file a short brief setting 
forth the points relied upon, and shall serve a copy of such 
brief upon the opposite party; and within three days after 
the filing of such motion, the adverse party shall file a short 
reply brief. At the expiration of said three days, the motion 
shall be considered submitted; provided that the judge be- 
fore whom the cause had been heard may, if he deems it 
advisable, call in counsel in the casé for oral argument. 


All motions, except motions for new trial, must be ac- 
companied by proof of notice in accordance with Sections 


11372-3-4 of the General Code. 


Motions to advance must be accompanied by affidavits 
showing recognized ground for trial out of numerical order. 


RULE 21 


All applications for continuances or advancements shall 
be made to the chief justice or the judge designated by him 
for such purpose, and except as hereinafter provided, such 
application must be made before the day of trial after notice 
to opposing counsel. No case will be continued on the day 
of trial, except for good cause shown, which cause was not 
known to counsel prior to the day of trial, and provided 
that counsel has used due diligence to be ready for trial and 
has notified or made diligent effort to notify his opponent 
as soon as he became aware of his necessity to ask for a 


45 


Continuances and 
advancements 


46 THE MUNICIPAL COURT OF CLEVELAND 


postponement. This rule cannot be waived by consent of 
counsel. All such applications for postponement must be 
made before the case reaches the trial room. 


Applications for passing or continuance of a case sent 
to a trial room shall be refused by the trial judge or re- 


ferred to the chief justice for disposition. : 
RU ENes 
Computation of The time within which an act is required to be done 


time. 


under these rules shall be computed by excluding the first 
day and including the last, except when the last day falls 
upon Sunday or a holiday it shall be excluded, and the fol- 
lowing day counted. ) 


RULE 23 


Provisions of civil In all first-class cases the provisions of the Ohio Code 

code shall apply to ee a : : 

municipal court. of civil procedure governing the practice and procedure of 
courts of common pleas, so far as the same are applicable to 
the municipal court and consistent with the act of May 10, 
1911, establishing said municipal court, and not inconsistent 
with the rules otherwise adopted for the practice and pro- 
cedure of said municipal court, shall be held to apply to and 


govern the proceedings in said municipal court. 


RULE 24 


ri Nit oa pe aay = In second-class cases the provisions of the Ohio Code 
apply to second- governing the practice and procedure in the court of justices 
class cases. : 
of the peace, so far as the same may be applicable to the mu- 
nicipal court and consistent with the act creating the same, 
and not inconsistent with the rules otherwise adopted, shall 
be held to apply to and govern the proceedings in said mu- 


nicipal court. 


RULE 25 


Security for In all cases in which it shall be necessary to store or to 

storage charges. : . ° ‘ 
provide a custodian for property seized under any writ or 
order issued by this court, the bailiff shall require a deposit 
sufficient to secure the probable storage or custodian charges 
in each case. 


THE MUNICIPAL COURT OF CLEVELAND 


RULE 26 


The chief justice may in his discretion, upon the re- 
quest of all the parties to an. action, assign two or more 
judges of this court to sit and hear such action, or may as- 
sign one or more judges of the court to sit with himself in 
the hearing of such action. 


RULE 27 


All cases pending for a period of sixty days on the 
dockets of the municipal court in which service of summons, 
or service by publication, has not been made, shall be dis- 
missed by the court immediately after the expiration of 
‘such sixty days, unless good cause is shown to the contrary. 


When an action in this court is dismissed for want of 
prosecution, for failure to comply with an order of court, or 
by the plaintiff without prejudice before judgment, all pro- 
ceedings by plaintiff in any subsequent suit upon the same 
cause of action shall be stayed until the costs in the former 
action are paid, unless otherwise ordered by the court. 


When a judgment for costs appears against a party un- 
satisfied, the clerk may refuse to accept for filing any new 
case or proceeding instituted by such party unless otherwise 
ordered by the court, upon good cause shown. 


RULE 28 


The chief justice, upon his own motion or upon the re- 
quest of any party, may assign any case‘in which the issues 
are made up, to any one or more judges of the court for the 
purpose of endeavoring to secure an adjustment of such case 
without trial. Such judge or judges shall endeavor to settle 
such case, or upon failure to effect such settlement, shall en- 
deavor to secure a complete or partial agreed statement of 
facts or such other agreement of any kind as will facilitate 
trial of such case. 


Such judge or judges shall not thereafter participate in 
the trial of such case and the rights of the parties shall in no 
manner be prejudiced by such attempt to arbitrate. 


RULE 29 


The journal entries of all orders, judgments and de- 
crees, which are to be furnished by counsel, must be pre- 


47 


Hearing in bank. 


Dismissals. 


Arbitration. 


Journal entries. 


48 


THE MUNICIPAL COURT OF CLEVELAND 


Deposit in aid 
proceedings. 


Proof of ten per 
cent demand. 


What interest to 
include in 
judgments. 


sented to the judge entering such order, judgment or decree, 
for his approval within fourteen days after the date of 
making the same, unless further time is given; and all such 
journal entries must bear the endorsement of such judge’s 
approval before the same is entered upon the journal by the 
clerk. If such entries are not presented to the court within 
said fourteen days above mentioned, or within the further 
time given, the case shall be placed by the clerk, upon the 
list of cases for call after the expiration of said time, and 
dismissed for want of prosecution. 


In the event of the term of office of the judge making 
an entry expiring before the journal entry thereof is pre-. 
sented and approved, the same shall be presented to the 
chief justice of this court for his approval; and if the entry 
upon the docket is so indefinite that the terms of the decree 
cannot be ascertained therefrom by said chief justice, and 
counsel in the cause cannot agree as to the terms of said 
journal entry, said chief justice may send the case back to 
its proper room for trial. 


Any journal entry placed upon the journal, not in con- 
formity with these rules, may be vacated by the court upon 
its Own motion. 


RULE 30 


In all proceedings in aid of execution, a deposit of two 
dollars shall be made with the clerk for filing the affidavit, 
and no alias order:shall be allowed unless there has been 
failure of service on the writ. 


RULE 31 


In all proceedings in attachment and proceedings in aid 
of execution on claims for necessaries, and wherein ten per 
centum of personal earnings and costs are sought to be sub- 
jected, a copy of the statutory demand made on defendant or 
judgment debtor, together with proof by affidavit, of service 
of the demand, shall be filed in the case or proceeding on or 
before call thereof; otherwise no costs shall be collected out 
of such personal earnings. 


RULE 32 


In actions commenced prior to the term in which judg- 
ment is rendered, interest shall be computed to the first day 


THE MUNICIPAL COURT OF CLEVELAND 


of said term, and included in the judgment. In all other 
actions interest shall be computed to the day of the ren- 
dition of the judgment, and included in the judgment. 


RULE 33 


In all foreclosure actions before a decree is entered the 
attorneys shall satisfy the trial judge that the title to the 
property involved has been properly investigated and that 
all necessary and proper parties have been made parties to 
the action. The reasonable cost of a certificate from a 
reputable abstract company shall be taxed as part of the 
costs. 


RULE 34 


In all actions at law, tried to the court without the in- 
tervention of a jury, the court shall make a finding for the 
plaintiff or the defendant, as the case may be, and judgment 
shall be entered upon such finding by the clerk in accord- 
ance with the provisions of Section 11599 of the General 
Code, as in cases in which a verdict is rendered by a jury. 


RULE 35 


Demands for exemptions shall be in the form of motions 
directed to the court. Such motions must be accompanied 
by affidavits showing grounds and proof of notice to the 
adverse party in accordance with Sections 11372-3-4 of the 
General Code and Rule 20 of this court and shall be called 
and disposed of as provided in said Rule 20. 


CRIMINAL BRANCH 
RULE 1 


The sessions in the criminal branch of this court shall be 
itom 2 oO clock a.m) toule o clock m.. and from.! o'clock 
p. m. to 4 o’clock p. m., official time of the city of Cleveland, 
on each week day except Saturday, when the sessions shall 
be from 9 o’clock a. m. to 12 o’clock m., Cleveland official 
time. 


49 


Opening of court. 


THE MUNICIPAL COURT OF CLEVELAND 


Motions for 
first continuance, 


Motions for 
second continuance 


Trial 


Procedure, 


RULE 2 


In motions for a first continuance, counsel shall state the 
reasons therefor, and the granting therefor will be in the 
discretion of the court. 


RULE 3 


Motions for a second continuance must be in writing, 
setting forth the facts and reasons therefor (unless dis- 
pensed with by the court). If the cause of such motion be 
the absence of a material witness, the applicant shall state 
the name of such person, the facts he expects to prove by 
such witness, and what diligence he has used to procure such 
testimony; and if the court find the same to be material and 
due diligence has been used, the motion shall be granted 
“unless the opposite party will admit that the witness would 
so testify,” when the motion will be over-ruled. 


RULE 4 


Business in the criminal branch shall be divided into 
two general classes—new cases and continued cases. 


New cases are taken up at 9 a. m., official time of the 
city of Cleveland. 


Continued cases are taken up not earlier than 10 a. m.,, 
Cleveland official time. 


Applications for continuance will be the first order of 
business on each docket. 


Cases on the continued case dockets will be called for 
trial in numerical order. 


Reading and signing minutes of proceedings shall be 
dispensed with. 


RULE 5 


The provisions of the General Code of Ohio and the 
ordinances of the city of Cleveland which are in their nature 
applicable to the proceedings in police court and in respect 
to which no special provision is made by these rules, are 
and shall be applicable to the proceedings of this court. 


THE MUNICIPAL COURT OF CLEVELAND oe 
ea eeaaeeaacaaaaaeaaaamaaaaaaaaammaemmmaa) 


RULE 6 


All motions and demurrers shall be set down for hear- General 
ing on Monday of each week or at such other time as may 
suit the convenience of the court and must be accompanied 
by a brief, setting forth the points relied upon and the au- 
thorities in support thereof; in default of which the same 
will be stricken from the files. 


RULE 7 


Warrants of commitment to the workhouse shall be Warrants of 
issued, served and returned, within twenty-four hours from iin at 
and after judgment rendered, unless unavoidably prevented; 
provided, however, that when the judgment is to pay a fine 
and costs, or costs only, and sentenced to be committed 
until paid, the defendant shall not be committed until the 
fine and costs, or costs only, have remained unpaid for 
twenty-four hours, unless the defendant requests otherwise. 


RULE 8 


But one counsel on each side shall examine a witness on 2 xamlnation of 


trial of a cause, and a witness once dismissed shall not be 
again called to testify until the other testimony for the saine 
party is fully detailed, except by order of court. 


RULE 9 


In all cases of misdemeanors the number of witnesses to Limitation of 
give evidence as to facts, shall be limited to three on each “""**** 
side and to each party defendant, and the number of charac- 
ter witnesses to three, unless otherwise ordered by the 
trial judge. 


RULE 10 


Persons arrested upon warrant charging misdemeanor ,,,, 
or violation of a city ordinance, the penalty for which is 4 
fine only, shall be released by the clerk upon signing a per- + 
sonal bond in the sum of $200, without surety, for their ap- 
pearance, providing, however, that such persons have had a 
known place of residence within the city of Cleveland for 
the six months next preceding arrest. 


Oo 
bo 


THE MUNICIPAL COURT: OF CLEVELAND 


Counsel not ac- 
cepted as surety. 


No such personal bond shall be accepted if the prose- 
cuting attorney has caused to be endorsed upon the affidavit 
in the case the words: “No personal bond,” except when 
ordered by one of the judges in open court. 


If an arrest for a misdemeanor or a violation of a city 
ordinance is made by an officer on view and without warrant, 
it shall be the duty of the officer to communicate the facts to 
the clerk who shall, if the prisoner cannot furnish bond 
forthwith, as soon as a judge can be reached, communicate 
the same to him and act according to the order of: such 
judge. 


RULE 11 


Members of the bar of Cuyahoga county shall not be 
accepted by the clerk as security for costs in any civil or 
criminal action, nor as security on any bond required to be 
given in any case unless otherwise ordered by the court. 


CONGILIATION BRANGE 


RULE 1 


The chief justice shall designate a deputy clerk in the 
office of the clerk of this court, a part of whose duty it shall 
be to advise and assist parties in preparing and filing their 
statements of claim and defense in causes involving a small 
amount of money, but who shall not appear for them in 
court or act as their attorney in the case. 


RULE 2 
Said clerk so assigned shall act as the clerk of the con- 
ciliation branch of this court. 


RES 


The clerk of the court shall keep a separate docket to 
be known as the conciliation docket, in which actions at law 
involving an amount not to exceed fifty dollars ($50.00) 
shall be entered upon the request of the plaintiff, unless the 


THE MUNICIPAL COURT OF CLEVELAND 


conciliation clerk shall have been able to conciliate the 
parties and effect an amicable adjustment; provided, how- 
ever, that if said clerk is reasonably assured that the plain- 
tiff has a meritorious claim in an amount not to exceed one 
hundred dollars ($100.00) and that the plaintiff is indigent, 
such case shall be docketed in like manner as said cases 
involving fifty dollars ($50.00) or less. 


RULE 4 


Service by mail shall be made upon the defendant in the 
same form and manner as provided for civil cases in this 
court, except that the appearance day shall be the day of the 
following week corresponding with the date of summons. 


ULL Hyd 


The cases upon the conciliation docket shall be heard 
and determined by the judge assigned to the conciliation 
branch of the court. 


RULE 6 


The complaint of the plaintiff in these cases shall be 
entered directly in the conciliation docket, and therein sub- 
scribed by the plaintiff, and such complaint need not be 
verified. No further pleading shall be required, unless the 
defendant seeks affirmative relief against the plaintiff, in 
which event the court may in the interests of justice require 
the defendant to reduce his defense and counter-claim to 
writing, either on the conciliation docket or by separate in- 
strument as determined by the court. If such pleading be 
entered upon the conciliation docket no verification shall be 
necessary; if it be by separate instrument it shall be verified. 
~The court may then proceed to hear the case or transfer it 
to the regular docket if he determine that the conciliation 
court is not the proper forum. 


RULE 7 


When a bill for costs has been sent to a party in a case 
entered in the conciliation docket and the same remains un- 
paid, no case shall be filed by such party until such bill of 
costs shall have been paid, unless it shall be made to appear 
to the clerk that the said plaintiff is unable to pay the same. 


53 


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INDEX TO LAWS 


Section 
Act, Municipal Court. 
RKetP Tie, DO Testaeee Tale ee dees fo oy Cc cnlv ures swe Sd here « 1579-54 
Sections and parts of sections are independent............ 53 
Action. 
REIVil, COMMOM GON, NO MMATIIW EI vaua osiaca csc «cuciecss dada 19 
to be tried to the court unless jury demanded......... 24 
Criminal, to be tried to the court unless jury demanded.... 24 
PAWS appiicabier Toeratrras were te tats ec dace e+ clan adie sens 14 
Pending, is notice to third persons, when...............0. 35 
Procedure in, when amount due exceeds jurisdiction of mu- 
TLICTPAL COUT tren te TEN es oe Cc a ed Seiwte buds 15 
Trial of, may be adjourned to day certain in next term..... 29 
Appeal from Court of Justice of the Peace. | 
ee EYP eee a gab awenrl Sad ob ae fs bie Aloe Spe pene an 10 
EO CUCOOUT Credle mah org oan arial oe Wie PL ales cicla v.00 (g sin' 18 
when appeal or error taken to court of common pleas 
AD ekere Meg seh nh ery ae dC aye aed oe een pa 
Statement of claim in, to be filed, when......... sub. div. 1 18 
Statement of defense in, to be filed, when........ sub. div. 2 18 
Attachment. 
May pe Nad, ubuetutynG . SeOnen 0200 ay ok vaAe sods as cas ees : Li 
Bailiff. 
PADD COC) Dich wrens Dee Cs che sia aca e's os gee 46 
Bond, compensation, duties and powers ............es000: 45 
Classified: civilcservicer stialt, Deiil.. cna. ck-a< ve cede se cece 46 
Glerks snuestenootaueromiNa vy ap DOI. cs deass cus’: «seo ae 45 
Bailiff, Deputy. 
PND DOM eee sO Wel cman ele Mit Cicieas Viste Fe a cksts! es cs tcee'ees : 46 
Bond, compensation, duties and POWErs -....i. ssw cccscces 45 
Classifed civil Service: stallpDe dite d.  aece ads ck a ewes ot ee 46 
POUR erOMCOt ter Sk O IC tins alate «sic ay oe ag noo fee 0 a8 Data 46 
Bill of Exceptions. 
Criminal actions, must be presented, when........... par. 2 36 
time for signing and allowing may be extended, when 
PE Rae eee he 0 Ba NR aon Daven 36 
Forcible detainer, to be presented, when...............ee. 36 
Dee eR Gt ae ere a OAs Sha Unde sneha meanders 40 
Bond. 
Botistay. Gi exec COU ONS Oris voce fs dsc e ts ba 6 6 doses 38 
eye Gr nea Tove Gort hd orkige a af A A a ae rE 38 
Chief Justice. : 
COMO CTE Tima WE he cd eee tines Kenic cdc 8's 8 o's vo Nas par. 2 3 
Dates Of, Tecagaitie irOre SUIMMONEs 65.00. ious cea ves ees 27 
Order made by may be vacated, amended, etc., when..par. 5 PA 
Nomiltidted ana erected OS SUCH sais wade vevwcacdcacnas par. 2 . 
WATE MUU eP RO ITIONAE. 6 an So caw’: bie ea dies ba seks tes 21 
PrOCCAG Sat IeRel 7 Oe UOT ae c epee ns ce este vuleg es ayes par. 3 19 
Session of term of court, may continue, when............. 29 


55 


56 


Section 
City Solicitor. 
Is prosecuting attorney of municipal court... eee ee 1579-50 
Civil Service Commission. 
Duty to certify list of eligibles for appointment........... 46 
Clerk, Court of Appeals. 
Duty of in error proceedings as to municipal court...par. 3 56 
Clerk, Municipal Court. 
Borid "Of" os. oe hace vce eine sais Sas oe be ee 43 
Cothperdation sotto vce wo. io 2 ob alk ee eee eee par. 3 40) 
Duties and: powers. «26 oe 2 vale ene tee 41 
Duttes“of, On Seceipt OLANON CY .n5 40 eee oe eee eee 42 
Nomination and selection of2.45 0. uas lee eee par. 2 40 
Vacancy in otiice, how filleds o2..0 6 bee ee ee ee 43 
Clerk, Deputy. 
Appointed, how. i... sis « siete es eke ate oie eee eee ae 46 
Bond ot -and compensation ysis eee ee ee ee 44 
Classified’ crvil-séervice, shall bein. s+. oe ee eee 46 
Chietadeputy, appointment, Gti... pacer ae ae eee 41 
Costs. 
Schedule of, 40 besfixed by rule ‘or court sen: pee oe ee 47 
Security ior, daws applicable thereto... eee eee 40 
Criminal Cases. 
Practicezand proceduretin.:...0 les se 0. nc aie eee | eee 20 
Council. 
Accommodations, books, supplies, etc., to provide.......:. 48 
Competisation of bailittzand sceptics, tOilky 5 ween 45 
clerks, deputy. 1, ic acai cite steie Yc ac a tad here it eee ne 44 
Veh d on 8) aot Rot CMRP in AA On 5 oe em turn gla Jory oe, par. 4 50 
probation  Olficers saan ere ees eee ae eee par. 4 50 
clerk to Hx; .1n Parl aeerse eee ee eee par. 3 40 
JU SES 55s scs se ee ce oe eam eee eee Re te en eee 3 
prosecuting. attorneys wens see eee eee eee ee 50 
Interpreters, appointment of, to provide for......... Dates 50 
Bro patIoneOUECETS? ee ee Bae asrat ik aaaie & eee ae CI par. 3 50 
County Commissioners. 
Compensation ot-clerk, to fixsin parte.) se ee eee par. 3 40 
TUG ES itee ies oh os kw. bes > Vo a ee Pe Se ne eee 3 
PHOSECUTIN@aattOrneys... <4 vern ske vente Wt ee eee 50 


Courts, Reviewing. , 
Judicial notice of certain rules in municipal court, to take 


EW Reta es Soho ajo dS. 0d cb Sa OE ee ie eee ee pata 36 
Depositions. 
Taking ote laws SOvVerninie.. scl, nus eee ae eo caren eee 40 
Error. 
Assignment of, what shall not be allowed, except......:... i, 
Error Proceedings. 
Commenced withinew hatitiniesto Des.c. awn seve oes 36 


Court of appeals, owe taken atGy set. poke ne hee 36 


Section 
Error Proceedings, continued. 
From judgment or final order of justice of peace.......... 1579-22 
Procedure in when appeal or error taken to court of com- 
mon pleas and also to municipal court............ Zo 
I’xecution. 
LAW SAROVERIUI INEGI ROR osc ctrela Ox fe oo? WR Seas Sales 40 
Fees. } 
schedule of to be fixed: by rule of court........s0ce0e.-00. 47 
General Code of Ohio. 
PTGVISIOUSOGD La Ol Veemell cea gas « a's ae vo > x a sub. div. 6 19 
Interpreters. 
APpouriment vol pndies lary tase: wakes. oe sy par.4and5 50 
Index. 
Clerk: to mak Gran dainain tating. ante nrek tele ates hana c Sie. Sacks 34 
Judges. 
Attendance, number: ta bean, atiall times: Jace. sea. par. 3 3 
Authority vested in, to be exercised how............ par. 3 al 
Compernsationeotad seat ee tet ad ae tle cloay otass.. par. 1 3 
NOmMation, and clectionsoliaee ec aes Genes. ss a 
abi eerlet cs aie) wre hel pe le ey Sr ee, Oe POs Od 2 
Practice and procedure, may. adopt rules of......,..... pated 19 
REMI Val imran waren ee ees at Sey Sear has Sd e as ols 4 
Sittings of, general powers, and duties....... par. 2, et seq. 21 
Stenographers and clerk in probation department, may 
SORE Se ee hale oe tre Se pate 50 
Vacation: Ofte Gre ae ee ot aw oe. Date * 
Judgment. 
Effect of on lands, tenements, etc., in Cuyahoga county... 30 
Lien of, how enforced in court of common pleas:.......... 32 
Transcript of, how filed in office of clerk of common pleas 
SOIT Bats ll Cis Oe te  ePtnd ety ees, eels dos asa aid ae ee 31 
Vacation or modification of, laws governing.............. 40 
Jurisdiction. 
ACCOUNTEIE er ele ee ety tc at uae ins Sou es sub. div. 3 6 
Aid S) GeeRec uiin aerate eee © nesses <i c cle ele +65 sub. div. 7 6 
Re Seraph ORE Se ARSE hg RO eee sub. div. 4 Fi 
ee re ID aa Gents divis kvm ald ava otae Be 11 
Aricil amy iw Al CSG Sieh aks ede aval a eidys! aaifatclein’ess a ecbcielecn acs 11 
Appellate; in -wWhateeasestuers ose. bie Ot: CI KTR TIT Re 10 
PETES te nerore riiceiietl teers rene oats Give satede s © 6. ds0) 07 fase tod Achat 11 
PELEACHitierit, Ce permoeGre il GPELLy +... c)d- sc) s.cic'e velo «4 kaarere 11 
agrarian ets he Gk baw a nese a as) caste yeted ae 13 
Canc lationemeGoulretete, wettgt 2a vse S's ps sete’ is sub. div. 3 6 
Concurrent with justice of the yeacs............ sub. div. 1 4 
COntAcE ven rome OF TID iClear. = oa ot anid dv ase) salve sub. div. 3 6 
CSE OC er le ee a Se ee wad Poy Sara gue we ek sub. div. 7 6 
Pe Ge rie rhe eeneIeE hat ote Pe eiels che bles id's 3 ols leiele sub. div. 10 6 
PUCUUCS i, Ey yh eee < epee» sub. div. 3-4-5-6-9 6 
WE a: 4 Je SAY Oa ee cee eee sub. div. 3-4 7 


57 


wu 


Section 


Jurisdiction, continued. 
Error, to reverse, vacate or modify judgment of justice of 


the preaces hea nieee ee Ges ae ee eas 1579-22 
Felonies’ sx cies ha Cones bittde stalk: Paleeert ka eeecek bmi tama ert ane 12 
Forcible detaineriias, A400 eee oe ee Cee sub. div. 1 6 
Foreclosure, of chattel mortgage............... sub. div. 5 6 
mechanics Mien set. Pee ee ee rae sub. div. 6 6 
motteaeeaon Tealty.. «sis one os see sub. div. 9 6 
Interpleaderetrs 2 Stine Gos ee ee RIE sub. div. 8 6 
Marshalingvotinensee, onic. 4en> as eae sub. div. 5-6-9 6 
NS UEV A a es BLES CUS. em ee a ee sub. div. 4 7 
Misdemeanors .Weedettas a ates 3 co eee ee i 12 
Money, in actions for recovery of, amount not to exceed 
2D ODL00 8 ae) i tivrece ie ties a ie: en sub. div. 2-3 6 
None in municipal court, when appeal or error taken to 
common pleas court and also to municipal court.. 23 
Original, civil, within limits of city of Cleveland........... 6 
Cuyahoga county 4ia. crew ake oe ee ee 7 
State of ‘Qhio eeaeuinde ys aes ameeneea sear eee 8 
Personal property-sale-ot #49 4h eee. eee sub. div. 5 6 
Realjproperty; sale: oft, .i..Aloe ete eee sub. div. 6 6 
Réeeéiver, appointment: oF Vs ee ree ee eee ee ee 11 
Refetmatidicot contracts. tee os eee ca eee sub. div. 3 6 
Replevige, !% 2. \'< . coy ero oe ee ea ee sub. div. 2 6 
Révivor of2 judom ent =e. ents ee ee yn ee le ee 17 
Scope of, as to enforcement of rights and remedies........ 9 
Triab-ararigntor prop erty 2% oj ie nee ie ee ene 11 
Jurors. 
Feés: Of. ctc.;-to De taxéd as part ol the costs 22.27 ee ee 25 
Chosen how, and summoned; impaneled; challenged for 
what causés:’ qualifications fei. en eater. ae eee 27 
Jury. 
Civil action, shall be composed of six lawful electors...... 24 
Criminal action, shall be composed of twelve lawful elec- — 
TOPS a es Las PR he ae Ea haps 2 ere A ee 24 
Trial by, civil action, money deposit to be made, when.... 26 
time for making demand to be fixed by rule of court 24 
criminal action, demand for to be made when......... Fe 
Justice of the Peace, Cleveland Township. 
Duties of last.easito dockets) hles; papers ete. ee ane ene 52 
Muniempal¥couety successor (to ©) sonata ee oes Dat2 52 
Money. 
Unclaimenito bespaid to*city tredsifersn+-.-,. sree cae 4? 
Municipal Court of Cleveland. 
Calend ar So pene saree Oe Bad sak ues ine ce ee 29 
CourtrOttrecerd) Jer teeati one . ie evden Lanta Ieee eee } 
Establightven tot sat wee de det « Rao dass D5 tke elias ee ee Oe 1 


Records’of how: prowed’ eds. +2. vents a+ 6s ae hecho yw eel ese oc 


Section 
Municipal Court of Cleveland, continued. 
Param toe ae tO Leonia. Ue Clas can ce Lk dk Pee ee KS 1579-49 
Sessions of, may be continued, when ...............2 000s 29 
Terms of, and commencement of each ..........00ceeeeeee 29 
New Trial. 
Authority to grant, same as common pleas court .......... 28 
Motion for, may be filed after term, when................ 29 
MS BO CCTUIN Seay ee bie ods Ser ke oe ee 40 
Police Officer. 
Peru Marit: Ih, OXSUICIO. +c’. «vases Laue cee ones par. 2 46 
Probation officer, may be appointed as .............- par. 3 50 
Probation Officers. 
8 Og Te Rene a SPR oti Ce par. 3 50 
Reet a re COTTA iiss. o-o3 Miu, a tis ke whe eee par. 4 50 
Proceedings. 
mireneeds Now and When (0. 62s fist swe peter es Aan 19 
ee EEN TS od hat. oo ogee Mn URES Ae ee 14 
Process. 
erie ater eeturned: HOW: « ¢ «ss. s.c 00:0 0 pe anelon sub. div. 1 19 
Prosecuting Attorney. 
Sn RUE ete oy. Sas vos vk mea ae par. 2 50 
Property. 
Maem ecertaied by whom... . «. «assault bok Ree ees 17 
Publication. 
RMR LN RETO ys a,» Shdag whee o2 > ogo Dees Ce sub. div. 1 19 
Recognizance. 
Copy, to be filed with recorder of Cuyahoga county..par. 6 20 
Perera 6fOte clerk .5.. ce «seo ols Pao: yo» par. 2 20 
Exonerated or discharged, list of to be transmitted to re- 
eritier of Cuyahord cotintyegs eves wens ors pare’ 29 
Fee for making copy to be taxed as part of costs..... par. 9 20 
Lueriam on teal estate Of Surety 272. ul. aeens wes e. < par. 5 20 
Money deposit may be made in lieu of surety, when..par. 10 20 
eens, certain, not. accepted: as Surety... see .5 «sic ss par. 8 20 
ieeewod KITALINCALIONS: Hittin. «car «6 Loe see paris 20 
2 a) a en Sat Ge el ee en Oe ae par. 3-4 20 
Reference, Order of. 
OAL OC VELTNING. 41. ci nc nintesn ola ne We wae ROM e dx nt aipias hye 40 
Replevin. 
Procedure in when value of property exceeds $2,500.00.... 16 
Report, Annual. 
Peane wade to. the, COMmeL Paws oa bles ise hie ante a aes 21 
Return Day. 
Tope fixediby, tule: Gf court ~~ n.7 ok cy eee Vs eee sth, divel 19 
Sheriff. 
Process to be served by, when ....... .....eee. sub. div. 3 19 


Special Master Commissioner. 
Appointment, of, laws swovernings coe. ei ekec ck oe tes dees 40 


59 


60 


Section 
Statement of Defense. 

To contain what, and to be filed when......:...sub. div. 4. 1579-19 
Stay of Execution. 

May ‘be had; and’ within whatwdime «<,:o.5s os eee ee 38 

Not. allowed? wheti.7. oc 45 25 came. vite eeniecale ie et eee 39 
Substitute Officers. 

Appointment of, and Dy whom Vis. sc eee ieee ee eee eee a 
Writs. 

Served and returned iow, 6.5 eccne se eee sub. div. l 19 
Vacancy. 

Clerk, “in office Gt” How nlled oxen eee ee id sf 43 

JO anatocs Stein ice ia balls ate eile ee RS eee paree 51 
Verdict. 

Civil actions, three-fourths or more of jury to concur...... 24 

CIVIL BRANCH 
INDEXSLOV RU 
Rule 
Actions. 

Jéinder of, General Code-applicable ta. 7 saae eae eee 16 
Aid of Execution. 

Proot of 10%. demand to be nléd in 2. eee eee Jit 
Aid Proceedings. 

DGD OSTRIN skins vse 0's-0 shall eee ue Meee Sey Pe oe ane Se 30 
Amendments. 

General Code applicable to ....... Are SY 2 See eae 16 
Appearance. 

DAV RT Oty: s accie, acc <n oo oo ees ree oie eed RN em BE 
Arbitrationg@eeg eee kes. c Aen he Pee ee ee eee 28 
Attachment. 

Proot#or70%sdemanded ito beshledsitivs. 22). wae eres 31 
Bank. 

Hearing ain meee totais) ,3 fa | Sete en eee i 26 
alle Daa: 

A fterspleaine dayne 2 aac: «+ tir + > + init anal ate nn ee te 18 
Cases. 

Appeal rule dayvomcon: .- 6. 0... as ccke ale ete ee ee eee 1Z 

Attachmentassignmentsot..; ....\. > sake sil = eee ee 18 

Classification 70 tii. caee, ie alcbs calch a alates wash kee ee Eee 2 

First-class, provisions of civil code applicable to.......... fas 

First-class, “what ane, tales. c0 es. os ek ee ee ee eee 1 

For detault, calliandassionment at) Su sm.cs- eros eee ee 18 

Forcible detainer: sheardmwhen i... .2..c on) eee 18 

Fore-clostire, Assiontient /O1,. o acuheae soles af to ue eee 18 

Biectments heard where stad: 66 situ ote ons eee 18 

How.munrbered 52. oe on eta ee ds ee eee 1 

On active list, postponementsot ... cane see a oen eee 18 


Ready.tfor trial,-placed on actiwertlisii. .coet sa. 7e ae 18 


Rule 
Cases, continued. 


Ree TIRE SLOPUTOETIC UOT: sic s's cy as 0scdelh 20's © ou eed a bie ww ele oe 18 

MESIHIsGIn Ge SMOStPONEMENL Of sc cack isss ccc tees ww uva'sees 18 

Second-class, provisions of justice code to apply.......... 24 

REY Ce Let NOT EY Ce Ec cine, «Ghetto wv, widsvosaew ld bile ls ok aa 1 
Certificate of Title. 

MCPMEYSP NTE RIVG ET @UT Ta WIUGTIA ke tr? © octet, sight Sa hipiy en Be th eres 33 
Claim. 

Braet war COplesalOr Service ish wel dies eAieaceb wdc kanes 7 

eee enmore wnat to CONTAIN. 2h. onuat< cs uke ncaa oe ake ae 6 
Continuances. 

PUterlere vee eeeste OW, TICE... 4 vss « vse esis o's odes wwe ey Zi 
Costs. 

ISChrItve tl Camerer me titiert CI STPCU ly. mas xs oo dslv 0 ce csdetmey cane 27 

OR a pooch 6 
Counsel. 

Dafa ede Ce ae re ee ea 2 nS 6, ou vs ws! 0 sae WK 6 0 steams 19 
Counter-Claim. 

Derr Gr UPC REIN I CH DLCRTO. ere cs < a.g us 2 o'e's « sieveiwss viele 'e sundaes 16 
Court. 

DRAM io ate SAO De gay c.tya ec ah k's Soca sides sss tee ame 3 
Defense. 

SET es PC ALOT) foe o's <o.s cde dicta) s o scdulebvelaaec & 11 

rat eiiie i ea eeWEATy Pr COMTAIN 466% 6 6 od onc ase ea ge sane 13 
Defenses. 

Toineemoreacuera Goce applicable to... fies sa0 mares ome 16 
Demurrers. 

ELD) GEES SiR sc A pela ia Am 20 

Isthye Wytaie CRITE: Jee Gag Rs Sa aa a ao 15 
Denials. 

Dieter Ome va STVEIOMOWEG™, 5 cic c ks a clelag vie Soames wea awe 14 
Dismissals. 

Naat ent CM MATTE RPO tinea eo «5. wiv os. s,s cin gidveia + tue aed shekeene Zh 
Dockets. 

es MUSE Oe POT TALE gsua enc ss ou 0 Melee cdeyele smtete bate 4 
Exemptions. 

Per Loe Veh Pe ea) © coy a.k ei oie e 8 oles oe alay da ad eee ee ote 35 
Interest. 

Pprmri mirienier Whar to Clue 2% 66s ews eucs.es wn eis eee 32 
Journal Entries. 

PER CREME OCTET OC icc cca)s cir vive a '« 0:0.6 a Reh wi vies in sok mem omg 29 
Judgment. 

See ELST ORL et oe a: | yg 5 Hide nieces e eeu owl «4s a aoe wae ciate 34 

Peron vacate to pe filed in .i.. S.ser es wea sina bide 
Judgments. 

TPREROCIITIDE LOW CTLLCTE "ys. 43.0.5 5 sun ken hn + 6 ee ee es 5 
Jury. 


Su TtCa Vil EPEC ee Woe or tes Cee rahe te ae Reece ay eee 18 


62 


Rule 

Motions. 

Call sdaynon andiprotedire: city oe sen. noe oo cas ee 20 

WNoticer Ofeline-4 tec pce nate hy eka octavian ete eee ee 20 
New Trial. 

Procedure on iit motiontore .. ern ee eee ee z0 
Parties. 

Joinder oi, General Code.applicable tom. ante tee ee 16 
Property. 

Procedure in) trial) Or right Of. es. - ree ee eee eee 6 
Reply. 

Statenientegr wom. cae taces c+ x Gla nnceeectel pret ee ee 17 
Service. . 

VY PAG, a hia ets epi tenis Bs cee a cay ae aire ee eee eae iene a Se 9 

By Dupications 19 Pe eas sak hee eee ee Ls, Gee 10 
Set-Off. 

General?’Codé applicable to ..4. 2.3 as eae eee 16 
Storage Charge. 

SECUELLY LOT ne alts o.n'e os bielancte otek aoe stele WOT re Ci nee 25 
Subpoena. 

PLOW ASOT VE) Pyar 2 ssa con eld a ROMA La. Oe eee ae me a ee 9 
Summons. : 

PIAA STAY. xis hv dis «4 ce CRI eEnIe GORE CLE RG: Wena Renta at tee cee ee 8 

New parties. 653... of Jog See ae eee tne ote een 8 

Other writs. 2}. {: . 1cJS en eee ee ee een eee 8 
Time. . 

Computation: Of | \22) Peele ss ceeeieneneth Meats Oe eee eee we 

CRIMINAL BRANCH 
Rule 

Bail. | 7 

Brocedarenn entering in tO won oy «ee en ee ee ea ee oe 10 
Commitment. 

MMarrants tor, How EXecutedrs.. owe tals tte. oer eee 7 
Continuance. 

MLOTIONSTOR TSE ai. coe ee edd eee EN ee nie ee 2 

Motion\tormmsecond |.:, <smeheta cue ins nt tne, cae eae ) 
Court. 

Criminal branch sessions Gt. ns ue aes e aes eae eee 1 
Demtrrers. 

To Bevheéard Awhen’... 64.0; Sotcuatetet ete s Oak ee ere een 6 
Motions. : 

To béheardwinen \. (Ain octocorals aie eee eae 6 
Procedure. 

Laws and tordinances applicable 10: . ecackinc eee eee 5 
Surety. 


Counsel not accepted as, in civil or criminal cases, except 
Wetec veil ais ts. eke RE ER es ey Cee Ae arene 11 


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